January 23, 2007

Regarding my post below, Eric Turkewitz (New York Personal Injury Law Blog) writes in to take issue with how I characterized his reaction to the ruling:

Jubilating is too strong a word. The OK decision was based on the peculiarities of the OK constitution and is not applicable in other states.

NY, where I practice, has a certificate of merit law for med mal cases (signed by attorney, not doctor), which is the majority of my practice. I have no problem with it since consultation with an expert should take place anyway before suit, if possible.

Disclosing the name of the doctor, however, is another matter altogether.