In a malpractice case, why do we need an expert to review my case?
The law in New York requires that an expert physician review the records in order to confirm the validity of a meritorious case. In fact, your attorney must submit an affirmation to the Court at the start of your lawsuit confirming that he has consulted with a physician who has reviewed the relevant facts, and reasonably believes there is a valid basis for proceeding forward with a case.
Despite many efforts by defense counsel to compel disclosure of the name of the expert who reviews the case initially, the Courts have refused to order such disclosure.