Medical malpractice cases involve distinct legal requirements that set them apart from standard personal injury cases:
Expert testimony requirements: Unlike a slip-and-fall case, where negligence may be obvious, medical malpractice lawsuits require qualified medical experts to testify about the standard of care and how it was breached.
Certificate of Merit: Before filing a medical malpractice lawsuit in New York, your attorney must consult with a physician who confirms there’s a reasonable basis for the claim. This requirement doesn’t exist in most personal injury cases.
Shorter statute of limitations: You have 2 years and 6 months to file a medical malpractice claim, compared to 3 years for most personal injury claims.
Specialized procedural rules: Claims against public hospitals require a Notice of Claim within 90 days—a requirement that can bar your case entirely if missed.
These differences make working with an experienced medical malpractice attorney essential from the start.