In medical malpractice cases, as with all cases, it is important to follow any procedural rules. If a plaintiff does not properly comply with the laws regarding notice and statutory limitations periods, he or she may waive the right to recover damages regardless of whether the defendant medical professional provided inadequate care. For example, under New York medical malpractice law, a plaintiff pursuing a medical malpractice claim against a public corporation is required to provide the corporation with notice of the essential facts of the claim within 90 days of the alleged harm.
Recently, a New York appellate court discussed the notice requirements and what constitutes actual notice, in a medical malpractice case pursued against a municipal rescue squad. If you sustained permanent injuries because of negligent care from a medical professional, it is important to consult a trusted Syracuse medical malpractice attorney in a timely manner to avoid waiving your right to recover.
Plaintiff’s Injury and Subsequent Care
Allegedly, the plaintiff tripped and fell down a flight of stairs while she was at a restaurant. The defendant fire and rescue squad responded to a call for emergency medical services. The defendant’s emergency medical technician (EMT) evaluated the plaintiff and provided her with care until a paramedic arrived. The plaintiff was transported to the hospital by the paramedic, and upon her arrival at the hospital reported a loss of sensation in her legs. The plaintiff was ultimately diagnosed a partial paraplegic.