N.Y. CPLR § 3012-A

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3012-A Certificate of merit in medical, dental and podiatricmalpractice actions § 3012-a. Certificate of merit in medical, dental and podiatricmalpractice actions. (a) In any action for medical, dental or podiatricmalpractice, 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 consultedwith at least one physician in medical malpractice actions, at least onedentist in dental malpractice actions or at least one podiatrist inpodiatric malpractice actions who is licensed to practice in this stateor any other state and who the attorney reasonably believes isknowledgeable in the relevant issues involved in the particular action,and that the attorney has concluded on the basis of such review andconsultation that there is a reasonable basis for the commencement ofsuch action; or(2) the attorney was unable to obtain the consultation required byparagraph one of this subdivision because a limitation of time,established by article two of this chapter, would bar the action andthat the certificate required by paragraph one of this subdivision couldnot reasonably be obtained before such time expired. If a certificate isexecuted pursuant to this subdivision, the certificate required by thissection shall be filed within ninety days after service of thecomplaint; or(3) the attorney was unable to obtain the consultation required byparagraph one of this subdivision because the attorney had made threeseparate good faith attempts with three separate physicians, dentists orpodiatrists, in accordance with the provisions of paragraph one of thissubdivision to obtain such consultation and none of those contactedwould agree to such a consultation.(b) Where a certificate i iatrists, in accordance with the provisions of paragraph one of thissubdivision to obtain such consultation and none of those contactedwould agree to such a consultation.(b) Where a certificate is required pursuant to this section, a singlecertificate shall be filed for each action, even if more than onedefendant has been named in the complaint or is subsequently named.(c) Where the attorney intends to rely solely on the doctrine of "resipsa loquitur", this section shall be inapplicable. In such cases, thecomplaint shall be accompanied by a certificate, executed by theattorney, declaring that the attorney is solely relying on such doctrineand, for that reason, is not filing a certificate required by thissection.(d) If a request by the plaintiff for the records of the plaintiff'smedical or dental treatment by the defendants has been made and suchrecords have not been produced, the plaintiff shall not be required toserve the certificate required by this section until ninety days aftersuch records have been produced.(e) For purposes of this section, and subject to the provisions ofsection thirty-one hundred one of this chapter, an attorney who submitsa certificate as required by paragraph one or two of subdivision (a) ofthis section and the physician, dentist or podiatrist with whom theattorney consulted shall not be required to disclose the identity of thephysician, dentist or podiatrist consulted and the contents of suchconsultation; provided, however, that when the attorney makes a claimunder paragraph three of subdivision (a) of this section that he wasunable to obtain the required consultation with the physician, dentistor podiatrist, the court may, upon the request of a defendant made priorto compliance by the plaintiff with the provisions of section thirty-onehundred of this chapter, require the attorney to divulge to the courtthe names of physicians, dentists or podiatri riorto compliance by the plaintiff with the provisions of section thirty-onehundred of this chapter, require the attorney to divulge to the courtthe names of physicians, dentists or podiatrists refusing suchconsultation.(f) The provisions of this section shall not be applicable to aplaintiff who is not represented by an attorney.(g) The plaintiff may, in lieu of serving the certificate required bythis section, provide the defendant or defendants with the informationrequired by paragraph one of subdivision (d) of section thirty-onehundred one of this chapter within the period of time prescribed by thissection.