In New York, it is not uncommon for a person to receive medical care in a facility owned by a municipality. Doctors that work for municipalities, like other physicians, can make harmful mistakes, and while parties can seek compensation from municipalities via medical malpractice suits, they must comply with certain notice requirements to protect their claims. Recently, a New York court issued an opinion warning of the consequences of failing to comply with notice requirements in cases against municipalities, in a matter in which it ultimately dismissed the plaintiff’s claims. If you were hurt by incompetent medical care in a municipal facility, it is smart to speak to a Syracuse medical malpractice lawyer regarding what you must do to protect your rights.
The Plaintiff’s Harm
It is reported that the plaintiff entered a municipally owned facility, and during her admission process, advised the defendant nurse that she was prescribed numerous medications that she must continue to take to maintain her health. She was administered some, but not all, of her medications. She later met with the defendant psychiatrist and advised she felt a manic episode coming on.
Allegedly, she was not provided the psychiatric medication she needed to manage her symptoms regardless of her requests. She subsequently filed a lawsuit against the defendants and other parties, asserting numerous claims. The defendants moved for dismissal, while the plaintiff moved for permission to amend her complaint to add medical malpractice claims against the defendants. The defendants opposed the plaintiff’s motion. Continue reading