Blood Donor’s Suit Related to Treatment, Required Certificate

A blood donor who sued a donation center for injuries allegedly suffered as the result of an adverse reaction after giving blood stated claims for medical malpractice, not ordinary negligence, and was required to file a certificate of merit, a New York appeals court said.

But Maimonides Medical Center wasn’t entitled to dismissal of the action based on Deborah Rabinovich’s failure to file the required certification, the New York Supreme Court Appellate Division, Second District said. It sent the case back to the trial court with an order directing Rabinovich to file the certificate within 60 days.

New York law ...