Medical malpractice litigation is often a marathon rather than a sprint, but even lengthy proceedings must adhere to procedural timelines. A recent decision from a New York court demonstrates the importance of prosecuting a case diligently and in accordance with court-imposed deadlines. In this medical malpractice action, the plaintiff failed to meet the statutory and procedural. If you have questions about how the law applies to your potential claim, it is advisable to speak to a Syracuse medical malpractice attorney as soon as possible.
Factual and Procedural Background
It is reported that the plaintiff, acting individually and as executor of his spouse’s estate, filed suit in 2013 following her death from lung cancer. The complaint asserted claims for medical malpractice, alleging that the defendants’ negligent treatment contributed to or caused her death. More than eight years later, in May 2021, the Supreme Court issued an order directing the plaintiff to file a note of issue by June 14, 2021.
It is alleged that the plaintiff did not comply with that directive and failed to file the note of issue by the specified date. In June 2022, the defendants each served 90-day notices pursuant to CPLR 3216, formally demanding that the plaintiff file the note of issue within 90 days or face dismissal for failure to prosecute. The plaintiff again did not meet the required deadline, and in May and June 2023, the defendants separately moved to dismiss the complaint against them based on the plaintiff’s inaction.
It is further reported that the plaintiff opposed the motions, contending that law office failure on the part of his counsel justified the delay. He also argued that the case was potentially meritorious. Nonetheless, the trial court denied the motions to dismiss, prompting the defendants to appeal. Continue Reading ›