Attorney Tichina L. Johnson successfully argued a Motion to Dismiss in Schenectady County Supreme Court before the Honorable Barry D. Kramer.
The plaintiff, a 51 year old man alleged that Ms. Johnson’s client, a local internist, failed to timely order appropriate testing resulting in a delay in diagnosis of the plaintiff’s prostate cancer.
Ms. Johnson brought a Motion to Dismiss the plaintiff’s claim due to the plaintiff’s failure to serve a Certificate of Merit, a required document in medical malpractice actions brought in New York State, certifying that the lawsuit has merit, specifically that an expert reviewed the relevant medical records and agrees that there was a deviation from accept medical practice. After oral argument, Judge Kramer issued a bench decision dismissing the case against Ms. Johnson’s client, due to plaintiff’s failure to comply with a prior order of the court directing the plaintiff to file the Certificate of Merit.
