New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.56 - Medical, dental and podiatric malpractice actions; special rules

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Notice of medical, dental or podiatric malpractice action.
(1) Within 60 days after joinder
				  of issue by all defendants named in the complaint in an action for medical,
				  dental or podiatric malpractice, or after the time for a defaulting party to
				  appear, answer or move with respect to a pleading has expired, the plaintiff
				  shall obtain an index number and file a notice of such medical, dental or
				  podiatric malpractice action with the appropriate clerk of the county of venue,
				  together with:
(i) proof of
				  service of the notice upon all other parties to the action;
(ii) proof that, if demanded,
				  authorizations to obtain medical, dental and hospital records have been served
				  upon the defendants in the action;
(iii) copies of the summons, notice of
				  appearance and all pleadings, including the certificate of merit if required by
				  CPLR 3012-a;
(iv) a
				  copy of the bill of particulars, if one has been served;
(v) a copy of any arbitration
				  demand, election of arbitration or concession of liability served pursuant to
				  CPLR 3045; and
(vi) if
				  requested and available, all information required by CPLR 3101(d)(1)(i).
The notice shall be served simultaneously
					 upon all such parties. If the bill of particulars, papers served pursuant to
					 CPLR 3045, and information required by CPLR 3101(d)(1)(i) are not available,
					 but later become available, they shall be filed with the court simultaneously
					 when served on other parties. The notice shall be in substantially the
					 following form:
Notice of Medical, Dental or Podiatric
					 Malpractice Action
Malpractice
Calendar No.
______________
Reserved for Clerk's use
Index No. ____________
Name of Assigned Judge ____________
SUPREME COURT
____________ County
____________
______________
Plaintiff(s)
vs.
______________
Defendant(s)
____________
Please take notice that the above action for
					 medical, dental or podiatric malpractice was commenced by service of summons on
					 ________, that issue was joined therein on ________, and that the action has
					 not been dismissed, settled or otherwise terminated.
1. State full name, address and
				  age of each plaintiff.
2. State full name and address of each
				  defendant.
3. State
				  alleged medical specialty of each individual defendant, if known.
4. Indicate whether claim is
				  for
________ medical malpractice
________ dental malpractice
________ podiatric malpractice
5. State date and
				  place claim arose.
6.
				  State substance of claim.
7. (Following items must be checked)
(a) Proof is attached that
				  authorizations to obtain medical, dental, podiatric and hospital records have
				  been served upon the defendants in the action ________
or demand has not been made for such
					 authorizations. ________
(b) Copies of the summons, notice of
				  appearance, all pleadings, certificate of merit, if required, and the bill of
				  particulars if one has been served,
are attached. ________
(c) A copy of any demand for
				  arbitration,
election of arbitration or concession of
					 liability is attached ________
or demand has not been made for arbitration.
					 ________
(d)
				  All information required by CPLR
3101(d)(1)(i) is attached ________
or a request for such information has not
					 been made ________
or such information is not available.
					 ________
8. State name, addresses and telephone
				  numbers of counsel for all parties.
____________
(PRINT NAME)
Attorney for Plaintiff
Address
Telephone number
Dated:
Instructions:
1. Attach additional 8 1/2 x 11 rider
				  sheets if necessary.
2. Attach proof of service of this
				  notice upon all other parties to the action.