Syracuse Medical Malpractice and Personal Injury Lawyer Blog
When a newborn suffers severe neurological injuries during childbirth, questions often arise as to whether those injuries could have been prevented through timely and appropriate medical intervention. In New York, parents must first satisfy specific procedural requirements before bringing suit against a public hospital, and if they fail to do so, they may be denied the right to seek damages. In some instances, though, courts will allow late claims to proceed where the hospital had prior knowledge of the alleged negligence and where no substantial prejudice can be shown, as demonstrated in a recent opinion issued in a New York birth injury case. If your child was harmed by negligent care at birth, you should speak with a Syracuse medical malpractice attorney about your legal rights.
Case Setting
It is reported that the plaintiff, a pregnant woman, received care at the defendant hospital in May 2011. During her treatment, it was discovered that she was in active labor and that the fetus was in a breech position. The attending physician recommended vaginal delivery rather than a cesarean section, and the mother consented to this plan.
It is alleged that following the delivery, the infant exhibited serious complications, including a hematoma on the back, low heart rate, weak respiratory effort, and poor body temperature regulation. The infant was admitted to the hospital’s neonatal intensive care unit, where she was diagnosed with a grade IV intraventricular hemorrhage and hydrocephalus. Over time, the child developed persistent seizures, cerebral palsy, and significant developmental delays.
It is further reported that in January 2020, the mother served a notice of claim on the hospital, and in May 2021, she commenced a lawsuit for medical malpractice and lack of informed consent. She moved for an order deeming the late notice of claim timely served and for leave to amend that notice. The hospital cross-moved to dismiss the complaint on the grounds it was untimely. The trial court granted the mother’s motion to cure the late notice and denied most of the hospital’s dismissal request. The hospital appealed.
Timeliness of Medical Malpractice Claims
The court affirmed the trial court’s decision, finding that the plaintiff met the legal standards necessary to excuse her late filing and allow the case to proceed. Under General Municipal Law § 50–e(5), a court may permit a late notice of claim if certain conditions are met, including whether the public hospital had actual knowledge of the claim’s essential facts, whether the delay prejudiced the defense, and whether the plaintiff had a reasonable excuse for the delay.
The court found that the hospital acquired actual knowledge of the relevant events because its employees were directly involved in the delivery and treatment of the infant, and those employees prepared contemporaneous medical records documenting the complications. These records allowed the hospital to infer that its staff’s actions may have caused injury, satisfying the first prong of the legal test.
The court also determined that the hospital would not suffer substantial prejudice due to the delay. The plaintiff offered a plausible argument that the hospital had adequate information to investigate the claim despite the passage of time. In response, the hospital failed to provide any specific evidence showing that its ability to defend the case had been materially impaired.
Finally, the court concluded that the mother presented a reasonable excuse for the late notice. Her attention was understandably consumed by the care needs of her medically fragile child, and this excuse was deemed credible in light of the child’s ongoing conditions. Based on these findings, the court upheld the lower court’s decision to allow the late notice and permit the action to proceed, except for the claim based on lack of informed consent, which was dismissed.
Talk to a Dedicated Syracuse Medical Malpractice Attorney
The law provides an avenue for parents to hold hospitals accountable when birth injuries are caused by negligent medical care. However, navigating procedural hurdles such as the notice of claim requirement can be complex and time-sensitive. If your child has suffered harm during birth due to medical errors, it is important to understand your options, and you should talk to an attorney. The knowledgeable Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your rights and aid you in seeking any damages you may be owed. Contact us at 833-200-2000 or reach out online to schedule a consultation and learn more about your options.
