Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Families place deep trust in nursing homes to care for their loved ones safely and compassionately. When facilities allegedly fail to meet professional standards, the consequences can be devastating. Unfortunately, procedural deadlines and statutory immunity laws can bar claims, even when serious allegations of neglect are raised, as demonstrated in a recent decision from a New York court. If you or a loved one has suffered harm while under nursing home care, it is critical to speak with a Syracuse medical malpractice attorney experienced in navigating both negligence claims and statutory defenses to ensure your rights are protected.
Facts of the Case
It is reported that the plaintiff, acting as the administrator of a decedent’s estate, commenced an action against the defendant nursing home alleging medical malpractice, negligence, statutory violations, and wrongful death. The plaintiff contended that the facility failed to provide adequate care during the COVID-19 pandemic, resulting in the resident’s death. The nursing home did not maintain proper staffing levels, failed to implement infection control procedures, and neglected to provide basic services such as hygiene assistance and nutrition.
Allegedly, the decedent was a resident of the facility during the height of the pandemic in 2020, a period when nursing homes across the state were under significant operational strain. The plaintiff initially filed an action in 2022, but that suit was dismissed because the plaintiff had not yet been formally appointed as the estate’s legal representative. After obtaining proper authority, the plaintiff refiled the lawsuit in 2024. The nursing home moved to dismiss the complaint, asserting that the claims were untimely and that it was immune from liability under the EDTPA, which provided protection to healthcare providers for acts and omissions related to the COVID-19 emergency.
Procedural and Legal Background
It is alleged that the court first addressed the timeliness of the plaintiff’s claims. Under New York law, wrongful death actions must be filed within two years of the decedent’s death, medical malpractice actions within two and one-half years, and general negligence claims within three years. The court recognized that New York’s executive orders temporarily suspended certain statutory deadlines during the COVID-19 emergency, but even after applying this tolling period, the plaintiff’s 2024 filing was still outside the permissible timeframe. The court also determined that the plaintiff could not rely on the six-month “saving” provision under CPLR 205(a), which allows refiling of certain dismissed claims, because that period too had expired. As such, the court held that the claims were barred by the statute of limitations.
The court ultimately dismissed the complaint in its entirety. The claims for medical malpractice, negligence, and wrongful death were dismissed as untimely, and the alternative theories of liability were dismissed based on the EDTPA’s immunity protections. The court also dismissed claims against fictitious defendants, noting that the plaintiff had not identified or served any additional responsible parties. The decision reflects a continuing judicial trend of strictly applying procedural limitations and pandemic-related immunity statutes to nursing home litigation.
Confer with a Knowledgeable Syracuse Medical Malpractice Attorney
If you have lost a loved one due to negligent or inadequate care in a medical or residential facility, you should consult with a lawyer about your rights. The knowledgeable Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your rights and seek justice for your losses. Contact us at 833-200-2000 or online to schedule a free and confidential consultation. We proudly serve clients throughout Syracuse and Upstate New York State.
