People who are admitted to hospitals for the management of acute and chronic conditions expect that they will receive competent care that protects their health and safety. Unfortunately, though, hospitals do not always treat patients in a manner that meets their expectations and sometimes commit errors that expose patients to unforeseen risks. As demonstrated in a recent New York medical malpractice case, such oversights are typically grounds for pursuing medical malpractice claims as long as they are filed in a timely manner. If you were hurt by negligent care in a hospital, it is wise to meet with a Syracuse medical malpractice attorney promptly to avoid waiving your potential claims.
Facts and Procedural History
It is alleged that the plaintiff initiated an action in June 2016 against the defendant, a hospital, seeking damages for medical malpractice. The plaintiff alleged that during her hospital stay in February 2014, she received daily insulin injections via an insulin pen. After her discharge, the plaintiff received a letter from the defendant in February 2014, indicating that the insulin pen used during her treatment might have contained a reused reservoir, which potentially exposed her to various diseases.
It is reported that the defendant moved for dismissal of the complaint under CPLR 3211(a)(5), arguing that the action was time-barred or, alternatively, for summary judgment dismissing the case. The trial court denied the motion, and the defendant appealed the decision.
Statute of Limitations in New York Medical Malpractice Cases
On appeal, the court affirmed the trial court’s decision. In reviewing the motion to dismiss under CPLR 3211(a)(5), the court reiterated that the defendant carries the initial burden of proving that the statute of limitations had expired. The court held that the defendant failed to demonstrate that the plaintiff’s claims were time-barred, as the burden did not shift to the plaintiff to prove otherwise. The court found that the plaintiff’s allegations, when taken as true, showed the action was timely filed.
Regarding the defendant’s motion for summary judgment, the court highlighted that the moving party must establish a prima facie entitlement to judgment by eliminating any material factual disputes. The court concluded that the defendant’s submissions, including the plaintiff’s deposition testimony, failed to eliminate triable issues of fact regarding whether the plaintiff’s care involved an insulin pen with a reused reservoir.
As a result, the court upheld the denial of the defendant’s summary judgment motion, finding unresolved factual disputes precluded dismissal. The defendant’s remaining argument, raised for the first time on appeal, was not considered.
Meet with an Experienced Syracuse Medical Malpractice Attorney
If you were hurt by incompetent medical care in a hospital, it is in your best interest to speak to an attorney about whether you may be able to pursue medical malpractice claims against the parties responsible for your harm. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers understand the devastation caused by avoidable medical mistakes, and if we represent you, we will advocate zealously on your behalf. You can contact us at 833-200-2000 or through the online form to set up a conference.