There are two major differences in medical malpractice cases when compared to other types of personal injury claims.
Those differences include:
The certificate of merit requirement: To file a medical malpractice claim in New York, your attorney must include a certificate of merit, or file this document within 90 days of filing the case. The certificate must state that the attorney has reviewed the facts of the case and has consulted with at least one licensed physician. Based on this consultation, the lawyer has reason to believe there is a basis for filing the claim. If the lawyer could not consult with a physician about the case, he or she must make three good-faith attempts with three separate physicians.
Limitation on attorney fees: Medical malpractice cases require such an in-depth knowledge of both the legal and the medical industries that it is nearly impossible for this type of case to move forward without an attorney. Because of this, New York limits how much attorneys can charge for their services in these cases.