Jolley v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

The question presented is whether the affirmation of an attorney, albeit one professing experience in medical malpractice litigation, is competent to establish that a proposed claim “appears to be meritorious”. (Court of Claims Act, § 10, subd 6.) We hold that it does not, and that as a general rule, a physician’s affidavit or affirmation must be submitted to permit the late filing of a claim for medical malpractice.

On March 21,1979, claimant Lillian Jolley was delivered of a child by Caesarean section at the Downstate Medical Center (Downstate), a…