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. Continue Reading ›