Incompetent medical care can cause grave and lasting harm, and, unfortunately, it is not uncommon for victims of medical malpractice to succumb to the injuries caused by their healthcare providers. In such cases, their loved ones may be able to pursue claims against the parties responsible for their losses. Only certain people possess the capacity to sue, though, as explained in a recent New York opinion. If you lost a loved one due to the carelessness of a physician, you may be owed damages, and you should confer with a Syracuse medical malpractice attorney as soon as possible.
History of the Case
It is reported that the plaintiff, acting as a proposed administrator of the decedent’s estate, initiated an action asserting claims of medical malpractice, negligence, and wrongful death after the decedent passed away in January 2022. The initial action was filed in December 2022 by the plaintiff in her capacity as the “proposed administratrix” of the decedent’s estate. However, the defendant successfully moved to dismiss the action in September 2023, arguing that the plaintiff lacked the legal capacity to sue, as she had not yet obtained the necessary letters of administration from the Surrogate’s Court.
It is alleged that the dismissal was without prejudice. In February 2024, the plaintiff filed a new summons and complaint, attempting to revive the claims under CPLR 205(a), which allows for refiling within six months of a dismissal not based on the merits. However, the plaintiff had still not obtained the letters of administration, and the defendant again moved to dismiss the action on the grounds that the plaintiff lacked the legal capacity to sue.
Capacity to Institute Wrongful Death Medical Malpractice Claims
The court evaluated the motion under CPLR 3211(a)(3), which allows dismissal if the plaintiff lacks the legal capacity to sue. The court emphasized that under New York law, only a duly appointed personal representative may bring an action on behalf of a decedent’s estate.
In the subject case, the plaintiff acknowledged that she had not yet received the necessary letters of administration and had not demonstrated progress in obtaining them. The court noted that the plaintiff’s designation as a voluntary administrator did not grant her authority to pursue personal injury or wrongful death claims. Since the plaintiff had not cured the defect regarding her legal capacity, the court ruled that the action must be dismissed.
The court further addressed the plaintiff’s argument that CPLR 205(a) should apply to allow for another recommencement of the action. The court clarified that the provision allows only one recommencement within six months of a non-merits dismissal, provided the new action would have been timely at the time of the original filing. However, the court ruled that CPLR 205(a) could not be used to permit successive recommencements indefinitely, as this would allow actions to be filed in perpetuity.
Since the plaintiff had already used the six-month extension once and the claims were no longer timely under the statute of limitations, the court held that the plaintiff could not use CPLR 205(a) again. Accordingly, the court dismissed the action.
Talk to a Dedicated Syracuse Medical Malpractice Attorney
If your loved one passed away due to the negligence of a doctor, it is advisable to talk to an attorney regarding whether you might be able to recover compensation in a medical malpractice lawsuit. The dedicated Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can assess your losses and assist you in taking the steps necessary to protect your interests. You can contact us at 833-200-2000 or through the online form to set up a meeting.