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A DISTINGUISHED LAW FIRM WITH A RECOGNITION OF EXCELLENCE AND HISTORY OF SUCCESS
OUR FIRM ATTORNEYS HAVE RECOVERED MILLIONS FOR OUR CLIENTS THAT HAVE BEEN INJURIES BY THE NEGLIGENCE OF OTHERS, INCLUDING
SEVERAL MULTI-MILLION DOLLAR VERDICTS.
TO LEARN MORE ABOUT OUR PERSONAL INJURY PRACTICE OR CASE RESULTS, PLEASE CLICK HERE.
Disclaimer Notice: The information contained herein is considered advertising and informational in nature and should not be used in the place
of retaining counsel. Past results do not guarantee similar outcomes in future cases.

Copyright © 2010-12  Ginsberg & Wolf, P.C. All Rights Reserved
GW
(a) In any action for medical, dental or  podiatric  malpractice,  the  complaint  shall  be  accompanied  
by  a certificate, executed by the attorney for the plaintiff, declaring that:

      (1) the attorney has reviewed the facts of the case and has  consulted with at least one physician in
medical malpractice actions, at least one dentist  in  dental  malpractice  actions  or at least one
podiatrist in podiatric malpractice actions who is licensed to practice in this  state   or  any  other  state  
and  who  the  attorney  reasonably  believes  is knowledgeable in the relevant issues involved in the
particular  action, and  that  the  attorney  has  concluded on the basis of such review and consultation
that there is a reasonable basis for  the  commencement  of such action; or
  
      (2)  the  attorney  was  unable to obtain the consultation required by paragraph  one  of  this  
subdivision  because  a  limitation  of  time, established  by  article  two  of this chapter, would bar the
action and that the certificate required by paragraph one of this subdivision could not reasonably be
obtained before such time expired. If a certificate is executed pursuant to this subdivision, the
certificate required by  this section  shall  be  filed  within  ninety  days  after  service  of  the complaint;
or
      (3) the attorney was unable to obtain  the  consultation  required  by paragraph  one  of  this
subdivision because the attorney had made three separate good faith attempts with three separate
physicians, dentists or podiatrists, in accordance with the provisions of paragraph one of  this
subdivision  to  obtain  such  consultation  and none of those contacted would agree to such a
consultation.

(b) Where a certificate is required pursuant to this section, a single certificate shall be filed for  each  
action,  even  if  more  than  one defendant has been named in the complaint or is subsequently named.

(c)  Where the attorney intends to rely solely on the doctrine of "res ipsa loquitur", this section shall be
inapplicable.  In such cases,  the complaint  shall  be  accompanied  by  a  certificate,  executed  by the
attorney, declaring that the attorney is solely relying on such doctrine and, for that reason, is not  filing  
a  certificate  required  by  this section.

(d)  If  a request by the plaintiff for the records of the plaintiff's medical or dental treatment by the
defendants has  been  made  and  such records  have  not been produced, the plaintiff shall not be
required to serve the certificate required by this section until ninety  days  after such records have been
produced.

(e)  For  purposes  of  this section, and subject to the provisions of section thirty-one hundred one of this
chapter, an attorney who  submits a  certificate as required by paragraph one or two of subdivision (a)
of this section and the physician, dentist  or  podiatrist  with  whom  the attorney consulted shall not be
required to disclose the identity of the physician,  dentist  or  podiatrist  consulted  and the contents of
such consultation; provided, however, that when the attorney  makes  a  claim under  paragraph  three  
of  subdivision (a) of this section that he was unable to obtain the required consultation with the  
physician,  dentist or podiatrist, the court may, upon the request of a defendant made prior to
compliance by the plaintiff with the provisions of section thirty-one hundred  of  this  chapter, require
the attorney to divulge to the court the  names  of  physicians,  dentists  or  podiatrists   refusing   such
consultation.
  
(f)  The  provisions  of  this  section  shall  not be applicable to a plaintiff who is not represented by an
attorney.

(g) The plaintiff may, in lieu of serving the certificate required  by this  section,  provide the defendant or
defendants with the information required by paragraph one  of  subdivision  (d)  of  section  thirty-one
hundred one of this chapter within the period of time prescribed by this section.
N.Y. CVP. LAW § 3012-a : NY Code - Section 3012-A: Certificate of merit
Our attorneys are members of or
have been honored by nationally
recognized institutions &
organizations:
N.Y. CVP. LAW § 3012-a : NY Code - Section 3012-A: Certificate of merit in medical, dental and podiatric
malpractice actions