Syracuse Medical Malpractice and Personal Injury Lawyer Blog
A medical malpractice claim against a public hospital can face an early procedural hurdle: the notice of claim. Filing late may put the lawsuit at risk even before a court considers whether malpractice occurred, but some claims can survive despite a late filing. This was demonstrated in a recent New York decision in which the court permitted a late notice in a case involving an infant’s claimed birth injury despite a gap in the hospital’s early knowledge of the alleged malpractice. If you are considering a claim against a public hospital, it is advisable to consult promptly with a Syracuse medical malpractice attorney about the applicable notice rules.
Facts and Procedural History
Allegedly, an expectant mother received prenatal care at a public hospital in 2020. During a September examination, staff detected a slowing fetal heartbeat and admitted her to induce labor. Months after the infant left the hospital, the child received a diagnosis of cystic encephalomalacia. The mother stated that hospital staff had previously described the symptoms she observed as normal and that she learned of the condition only after seeking additional medical opinions in March 2021.
Reportedly, the mother and infant sought permission in December 2021 to serve a late notice of claim. They asserted that malpractice during the mother’s care caused the infant’s injuries. They supplied a proposed notice and the mother’s affidavit explaining the delay. The trial court denied their petition and effectively ended the proceeding. The petitioners appealed, asking the appellate court to permit the notice despite its lateness.
When Late Notice is Allowed in Claims Against Municipal Entities
New York’s General Municipal Law requires a notice of claim before certain actions against a public corporation. When deciding whether to allow late service, a court considers all relevant circumstances. Those include the explanation for the delay, whether the public entity learned the essential facts within 90 days or a reasonable time afterward, and whether the delay substantially prejudiced its defense. The claimant’s infancy and any connection between infancy and delay may also matter. No single factor automatically controls the outcome.
Here, the court found a reasonable excuse in the infant’s serious condition and the many medical appointments required while professionals assessed it. The child’s infancy had a meaningful connection to the delayed filing. The court also examined what the hospital knew from its own records. It concluded that the petitioners had not shown that those records gave the hospital timely knowledge that its staff had caused an injury through malpractice. That point weighed against them, but it did not end the inquiry.
The hospital’s records documented the conduct at issue, giving the petitioners an initial basis to show that the late notice would not impair the hospital’s ability to defend itself. The hospital did not respond with a concrete showing of substantial prejudice. Weighing that evidence with the excuse and the infant’s circumstances, the court reversed the trial court’s decision, granted the petition, and deemed the proposed notice served.
Confer with a Capable Syracuse Medical Malpractice Attorney
Claims involving birth injuries and public hospitals may have notice deadlines in addition to rules governing the lawsuit itself. If you or a loved one suffered harm at a public hospital, it is in your best interest to confer with an attorney as soon as possible. The capable Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can inform you of your rights and help you to take the steps needed to protect your interests. Call 833-200-2000 or use the firm’s online form for a free, confidential consultation. We serve clients in Syracuse, Rochester, and throughout Upstate New York.
