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N.Y. Medical Injury Suit Goes on Despite Missing Certificate

Feb. 19, 2021, 3:30 PM

The family of man who committed suicide after allegedly being discharged prematurely from a mental health care facility can proceed with its lawsuit because New York law doesn’t require dismissal for failure to file a certificate of merit in a medical injury case, a state appeals court said.

New York law requires medical malpractice complaints to be accompanied by an attorney’s affidavit certifying that he or she consulted with a medical expert and concluded there is a reasonable basis for the suit or, alternatively, a request for more time to find an expert for that purpose.

But the law doesn’t...

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