Syracuse Medical Malpractice and Personal Injury Lawyer Blog
It is not uncommon for people who receive incompetent medical care to suffer complications that negatively impact their health, mental and emotional well-being, and financial security. Fortunately, the law affords victims of medical negligence the right to pursue claims against the healthcare providers responsible for their harm. Any action they institute must be commenced within the time frame proscribed by law. If it is not, it may be dismissed, regardless of the sufficiency of their evidence, as demonstrated in a recent New York case. If you sustained losses due to reckless medical care, it is in your best interest to consult a Syracuse medical malpractice lawyer as soon as possible to avoid waiving your right to recover damages.
Factual and Procedural History
It is alleged that the plaintiff, a former employee of a healthcare provider, initiated a lawsuit against the United States under the Federal Tort Claims Act (FTCA). The plaintiff alleged that she suffered from various medical conditions due to negligent medical care provided by her employer, a federally supported health center. During her employment, she was aware that the United States would defend and indemnify her if she were named as a defendant in a lawsuit.
Reportedly, after exhausting administrative remedies, the plaintiff filed her claim in federal court. The United States moved for summary judgment, arguing that the plaintiff’s claim was time-barred under 28 U.S.C. § 2401(b) because it was not filed within the required two-year period from the date the claim accrued.
Timeliness of Medical Malpractice Claims Against the Federal Government
The court reviewed the case under the summary judgment standard, considering the undisputed facts and the applicable law. The court noted that under 28 U.S.C. § 2401(b), a tort claim against the United States is barred unless it is presented in writing to the appropriate federal agency within two years after the claim accrues.
In the subject case, the court found that the plaintiff failed to meet this deadline, and there was no basis for applying equitable tolling. The court emphasized that conclusory allegations and speculation are insufficient to create a genuine issue of fact. Since the plaintiff did not present any evidence to contradict the defendant’s assertion that the claim was untimely, the court granted the United States’ motion for summary judgment, dismissing the plaintiff’s claims as barred by the statute of limitations.
Talk to a Seasoned Syracuse Medical Malpractice Attorney
People hurt by the carelessness of their physicians can often recover damages in medical malpractice lawsuits, but they must act promptly to avoid inadvertently waiving their rights. If you or a loved one suffered injuries due to medical negligence, it is prudent to talk to an attorney about what damages you may be able to pursue in a medical malpractice lawsuit against the parties that caused your harm. The seasoned Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your damages and help you to determine the best manner to proceed to protect your interests. You can reach us at 833-200-2000 or via the form online to arrange a conference.
