Syracuse Medical Malpractice and Personal Injury Lawyer Blog
In the chaos of medical procedures and postoperative care, patients trust healthcare providers not only to treat them effectively but also to safeguard them from harm. Yet when an injury occurs—such as a fall while under medical supervision—the question of whether it constitutes simple negligence or rises to the level of medical malpractice becomes critical. A recent New York court decision highlights how this distinction can determine whether a patient’s case survives or is dismissed on procedural grounds. If you were injured while under hospital care and are unsure how to proceed, a Syracuse medical malpractice attorney can help you navigate this complex legal terrain.
Factual and Procedural History
It is alleged that the plaintiff was receiving anesthetic treatment at the defendant hospital when she was later assisted to the bathroom by hospital staff. While under the lingering effects of the anesthesia, the plaintiff fell, allegedly due to the negligence of the nurse and aide assisting her.
It is alleged that the plaintiff filed a notice of claim in a timely manner, as required when asserting tort claims against a municipal entity, such as the defendant hospital. The notice of claim specifically alleged ordinary negligence, focusing on the staff’s failure to safely assist the plaintiff to the bathroom.
It is reported that at a statutory hearing under General Municipal Law § 50-h, the plaintiff testified that she remained under the effects of anesthesia at the time of the incident. Subsequently, the plaintiff commenced a lawsuit asserting claims not only for negligence but also for medical malpractice, lack of informed consent, and vicarious liability. The defendant hospital moved to dismiss the action, arguing that the complaint was untimely under the applicable statute of limitations and that the new claims raised in the lawsuit were inconsistent with the original notice of claim. The court granted the motion, and the plaintiff appealed.
Ordinary Negligence vs Medical Malpractice
In analyzing the defendant’s motion to dismiss, the court paid particular attention to the statutory requirements governing claims against municipalities. Under General Municipal Law § 50-i(1), a claimant must commence an action within one year and 90 days of the alleged incident, and the claims asserted must align with the allegations in the notice of claim.
The court emphasized that while a plaintiff may use evidence elicited at a § 50-h hearing to clarify details such as the location or nature of injuries, a plaintiff may not amend the legal theory underlying the claim through subsequent pleadings or testimony. The court noted that the plaintiff’s notice of claim solely alleged negligence in how hospital staff physically assisted her without any reference to medical malpractice or deviations from accepted medical standards.
It is reported that the plaintiff attempted to characterize the incident as medical malpractice by referencing her anesthesia treatment, suggesting that her impaired mobility was medically induced. However, the court held that this factual assertion could not alter the legal theory presented in the original notice of claim. The court concluded that because the plaintiff’s notice did not assert malpractice or lack of informed consent, she could not subsequently rely on those theories.
Additionally, the court rejected the plaintiff’s argument that the continuous treatment doctrine tolled the statute of limitations. The court explained that the doctrine applies only when there is a course of continuous medical treatment related to the alleged malpractice, which was not alleged in this instance.
Ultimately, the court affirmed the trial court’s dismissal of the complaint as time-barred, ruling that the plaintiff could not proceed on new claims of malpractice that were not included in the notice of claim.
Talk to a Dedicated Syracuse Medical Malpractice Attorney
It is critical to accurately identify and plead the correct legal theories when pursuing claims against medical facilities, especially those operated by municipalities, as missteps in this early stage can result in the dismissal of otherwise viable claims. If you or a loved one suffered harm due to hospital negligence or medical errors, the dedicated Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can help you pursue any damages you may be owed. Contact us at 833-200-2000 or reach out online to schedule a consultation.
