Many hospitals are not privately owned but are actually public corporations. If a child suffers a birth injury due to medical malpractice at a hospital that is a public corporation, different procedural rules apply for pursuing a claim for damages against the hospital. For example, notice of any claim must be provided within 90 days of when the claim accrues. An appellate division of the Supreme Court of New York recently discussed when a plaintiff will be granted leave to file late notice of a claim, in a case arising from a birth injury. If you live in Syracuse and your child suffered an injury at birth, it is important to speak with a skilled Syracuse birth injury attorney regarding your case as soon as possible.
Reportedly, the plaintiff’s mother presented to the emergency department of the defendant hospital on November 23, 2010. She was 40 weeks and 4 days pregnant at the time, and complained of vaginal leakage, decreased fetal activity, and pain. She was examined and then discharged and sent home. Two days later, the plaintiff was born via an emergency cesarean section at the defendant hospital. The plaintiff was diagnosed with cerebral palsy and brain damage due to perinatal and neonatal asphyxiation.
It is alleged that the plaintiff’s father served the hospital with notice of a claim on August 29, 2013, and the hospital acknowledged receipt of the notice. Then, in March 2014, the plaintiff’s father filed a medical malpractice lawsuit on behalf of the plaintiff, alleging that the malpractice of the hospital’s employees caused the plaintiff’s harm. Specifically, it was alleged that the hospital breached the applicable standard of care in discharging the plaintiff’s mother when she first visited the hospital. Further, it was alleged the hospital breached the standard of care in failing to deliver the plaintiff via a cesarean section in a timely manner.