US-New YorkWhat is a Certificate of Merit in a medical malpractice case?
A Certificate of Merit is a sworn affidavit from a qualified physician stating that the medical malpractice claim has merit and that the defendant deviated from accepted standards of care.
What the Law Says
New York law requires plaintiffs in medical malpractice cases to file a Certificate of Merit before or within 30 days after serving the complaint. It must be signed by a physician licensed in New York (or another state) with at least two years of experience in the same specialty as the defendant.
The Certificate of Merit is not evidence at trial — it’s a procedural safeguard meant to deter frivolous lawsuits. It confirms that a qualified healthcare professional has reviewed the case and found reasonable grounds to believe malpractice occurred.
The affiant physician must state that they have reviewed the plaintiff’s medical records and other relevant materials, and that there is a reasonable basis to believe the defendant deviated from accepted standards of care — causing injury.
Statutory TextAt the time of filing the complaint in an action for medical, dental or podiatric malpractice, the plaintiff shall file a certificate of merit… executed by the attorney for the plaintiff… and by a physician… licensed to practice medicine… who has reviewed the plaintiff's medical records and other relevant materials.
— CPLR 3012-a(a) — Certificate of merit in medical, dental or podiatric malpractice actions
Statutory TextThe physician executing the certificate shall be licensed to practice medicine… and shall have had at least two years of experience in the same specialty or subspecialty as the defendant…
— CPLR 3012-a(b) — Qualifications of physician
Statutory TextThe certificate shall be filed no later than thirty days after the service of the complaint upon the defendant.
— CPLR 3012-a(c) — Time for filing
What to Do
Retain a qualified physician in the same specialty as the defendant who meets the 2-year experience requirement.
Have that physician review the medical records and prepare a written statement confirming deviation from accepted standards and causation.
File the signed Certificate of Merit with the court either when you file the complaint or within 30 days after serving the complaint on the defendant.
If you miss the 30-day deadline without good cause, the court may dismiss your case — though dismissal is not automatic and can sometimes be cured.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.