Brooklyn, NY asked in Medical Malpractice and Personal Injury for New York

Q: Can I pursue a case with the Supreme court on a dental organization that refused to complete work on me?

I filed a complaint with the NYS Division of Human Rights in 2016 against a volunteer dentist who worked in conjunction with a Donated dental service & it was determined no probable cause & I am experiencing a lot of pain around the work that was done & undone 2 years later...do I have the right to present this case before the Supreme court?

1 Lawyer Answer

Peter Briskin

PREMIUM
Answered
  • Medical Malpractice Lawyer
  • New York, NY
  • Licensed in New York

A: Any malpractice claim needs to be fully investigated before filing in court. The question becomes “was there anything the doctor did or didn't do that departed from the standard of care". If an individual files suit "pro se" there is no requirement to satisfy the certificate of merit statute. If an attorney files a malpractice suit the certificate of merit becomes a requirement.

NY Medical malpractice claims must be filed within 2 ½ years from the date of the alleged negligent action or omission that caused the patient's injury

1 user found this answer helpful

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