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You know where certificate of merit is in a medical malpractice case in New York would you like to learn to come join me hi I'm Gerry Minsk I'm a New York medical malpractice and personal injury trial attorney practicing law here in the state of New York I wanted to share this quick information with you before I head out to this black-tie affair I'm going to as my wife a certificate of merit is a requirement that before we are able to actually bring a medical malpractice lawsuit in the state of New York we have to get confirmation from a medical expert that number one that there was evidence of wrongdoing in legal terms it means we have to show that there were departures from good and accepted medical care as a result of the wrong doom we have to show that the wrongdoing caused injury that's on its causation, and we have to show that the injury was significant or permanent so what we have here been three elements we have liability we have causation and damages and all three of those elements have to be confirmed by a medical expert who's either reviewed your records or treated you and without having that confirmation we are prohibited and prevented from bringing a lawsuit on your behalf, so the certificate of merit is actually a document that the attorney prepares that we prepare which says Gerald Minsk here by firms that we have consulted with a board-certified physician in the following specialty who is licensed to practice medicine in the state of New York who confirms that there is evidence of wrongdoing and that the wrongdoing caused injury that the injury is significant and that this is a viable case, and then we sign off on that, and we submit that to the court with our papers that have started the lawsuit now some people are under the mistaken impression that we need a doctor's affidavit or a document from the doctor to certify that the case is viable and has merit well New York we are not required to have the doctor sign off on such a document instead it's the attorney who tells the court that they have spoken with the doctor who has affirmed that there is a basis of valid basis for a case so why do I tell you about this I tell you about this just to give you an insight and an understanding into some of the procedures that go on and evaluating a possible medical malpractice case here in the state of New York chances are you have questions and concerns about your own particular matter and the medical care that you receive well if your matter happened here in the state of New York and you have questions what I encourage you to do is pick up the phone and call me I answer legal questions just like yours every single day and I welcome your call you can reach me at 5 1 64 8 7 8 207 or by email at law med 10 @ yahoo.com oh I got to go I'm late for the wedding I'm Gerry Minsk have a great day you
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