Is it appropriate and proper to request an affirmation from an attending Physician and hospital? may I get it by court order?
December 15, 2014
I was in hospital and was diagnosed with a disease/injury. The following day after my discharged, I wrote the hospital and the Attending doctor and requested an affirmation and certified medical records and sworn verification of hospital treatment and care, I understand that I need objective proof of my newly discovered disease to maintain an action in the supreme court. I cannot afford a private doctor costs to examined, perform new tests and diagnosis me for the same things. Hospital and Doctor never responded, its already passed over 6 months since my request. I commenced an action in supreme court. Issue was join with defendants answer, now they filed a motion for summary judgment and to dismiss the complaint they raised issue over absent of a doctor 's affidavit or affirmation.
Oh dear, it looks like you omitted to file a Certificate of Merit, and they've moved to dismiss your action. You won't get a Certificate of Merit from the attending! That's tantamount to an admission of liability. I can't emphasize enough how ill-advised it is to do a med mal case 'pro se'. If you have a viable case at all, you owe it to yourself to get an experienced med mal lawyer to handle it. It is a very specialized area of law.
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