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New York Court Discusses Notice Required in Medical Malpractice Cases Against Municipalities

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.

Notice Required in Medical Malpractice Cases Against Municipalities

In support of their opposition of plaintiff’s motion to amend, the defendants stated that under New York law, claims against municipalities and their employers must be commenced within one year and ninety days of when the events out of which the claim is premised occurred. Thus, as the plaintiff’s claims were not filed within the statute of limitations, they were time-barred. Further, the defendant noted that New York law required the plaintiff to provide notice of her claim, which she failed to do.

The court ultimately agreed with the defendants. Specifically, the court stated that the plaintiff was undisputedly required to provide the defendants with notice of her claims within ninety days of her alleged harm but failed to do so. Thus, the court declined to address the defendant’s argument with regard to the statute of limitations and denied the plaintiff’s motion to amend her complaint to assert medical malpractice claims.

Meet with a Knowledgeable Syracuse Medical Malpractice Attorney

Doctors must provide patients with thorough and appropriate care, regardless of whether they work for a private or municipal employer. If you were hurt by incompetent medical care in a municipal facility, you could be owed compensation, and it is wise to meet with an attorney as soon as possible. The knowledgeable medical malpractice malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are adept at proving negligent health care providers should be held accountable for the losses they cause, and if you hire us, we will zealously pursue any damages you may be owed. You can reach us via our online form or at 315-479-9000 to schedule a meeting.

 

 

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