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Understanding Medical Malpractice Claims
Medical malpractice cases are held to a higher procedural bar than most personal injury claims. New York law requires the attorney filing suit to include a Certificate of Merit — a statement confirming that a qualified medical professional has reviewed the case and believes there is a reasonable basis for the claim. This requirement exists specifically to screen out weak claims before they're filed.
Proving malpractice means showing more than a bad outcome. You must establish that a doctor-patient relationship existed, that the provider deviated from the accepted standard of care, that the deviation directly caused injury, and that real damages resulted. Because the "standard of care" is a technical medical question, these cases almost always require expert testimony from another qualified medical professional.
- A doctor-patient relationship existed
- The provider deviated from the accepted standard of care
- That deviation directly caused injury
- Real, provable damages resulted
- A qualified expert supports the claim (required for the Certificate of Merit)
Frequently Asked Questions
What is a Certificate of Merit?
A required statement, filed with a New York medical malpractice lawsuit, confirming a qualified medical professional has reviewed the case and believes there's a reasonable basis for the claim.
How long do I have to file a medical malpractice claim?
New York generally allows two and a half years from the act of malpractice or the end of continuous treatment for the same condition — shorter than the standard personal injury deadline, so don't wait to consult an attorney.
Why do these cases require expert witnesses?
Because determining whether a provider met the accepted standard of care is a technical medical question a jury can't evaluate without expert guidance.
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