Under New York law, there are strict deadlines that people who wish to pursue medical malpractice claims must abide by, and the failure to file necessary documents or pleadings within the specified time frame can be fatal to a plaintiff’s claim. For example, if a plaintiff wants to pursue medical malpractice claims against a hospital run by a municipality, they must provide the municipality with notice of their claim shortly after their harm occurs. As shown in a recent New York opinion, the courts take the notice requirement seriously and will dismiss a plaintiff’s medical malpractice claim for lack of timely notice. If you were injured by a negligent health care provider, it is important to speak to a Syracuse medical malpractice lawyer as soon as possible to avoid waiving your right to recover damages.
The Procedural History of the Case
It is alleged that the plaintiff underwent unspecified treatment at a health care facility operated by the defendant municipal corporation and subsequently sustained harm as a result of the defendant’s negligence. She later filed a petition for leave to file a late notice of claim. The trial court denied her petition, and she appealed. She then filed a motion to renew the petition. The court denied her motion, and she once again appealed.
Notice Requirements in Medical Malpractice Claims Against Public Corporations
On appeal, the appellate court affirmed the trial court’s ruling. The appellate court noted that the plaintiff failed to show that the defendant had actual knowledge of the facts surrounding her medical malpractice claim within ninety days of when the claim arose or within a reasonable time after the ninety-day deadline had passed. Further, the defendant’s medical records did not demonstrate that any of the medical staff that treated the plaintiff caused her to suffer harm, either via act or omission. Continue Reading ›