Prior to filing a complaint indicating that a plaintiff is pursuing damages based on a medical malpractice claim, Buffalo personal injury attorneys are required to, in many cases, consult with a physician regarding the matter.
Section 3012-a of the Civil Practice Law and Rules requires that when filing a medical malpractice claim, the complaint submitted by the personal injury attorney must be accompanied by a certificate of merit executed by that attorney. This certificate of merit must state that the attorney has reviewed the case and consulted with at least one physician whom the attorney believes is knowledgeable about the medical issued involved. It must further state that, based on the attorney’s review and consultation with the physician, the personal injury attorney has concluded that there is a reasonable basis for commencing the lawsuit.
Alternately, if the attorney is unable to obtain such a consultation, the certificate must state that the attorney attempted to consult with at least three separate physicians, but they declined to agree to a consultation.
In some cases, medical malpractice may be inferred from the very nature of the injuries caused. This occurs when, for example, a surgeon leaves an object inside a patient. When this happens, the personal injury attorney is not required to consult with a physician, but must instead submit a certificate stating that he or she is relying upon the doctrine of “res ipsa loquitur” when proceeding with the case.
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