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Verdicts
By Any Other Name
Plaintiff's claim, although couched in language of ordinary negligence, sounded in medical malpractice, thus requiring the filing of a certificate of merit and service of a notice of medical malpractice action. Gannon v. Ramapo Manor Center for Rehabilitation & Nursing, N.Y.L.J. 3/22/06 (Sup. Ct., Rockland Cty., NY) (Weiner, J.).
Plaintiff administratix brought suit against the nursing home where the decedent died. Although the claim stated defendant carelessly and negligently treated plaintiff's decedent and, as a result, plaintiff's decedent sustained injuries, the complaint recited as examples several medical activities defendant failed to or improperly performed. The defendant therefore moved for an order directing plaintiff to file a certificate of merit and a notice of a medical malpractice action. Plaintiff countered that these were unnecessary, as this was not a medical malpractice lawsuit.
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