Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Under New York law, there are strict deadlines that people who wish to pursue medical malpractice claims must abide by, and the failure to file necessary documents or pleadings within the specified time frame can be fatal to a plaintiff’s claim. For example, if a plaintiff wants to pursue medical malpractice claims against a hospital run by a municipality, they must provide the municipality with notice of their claim shortly after their harm occurs. As shown in a recent New York opinion, the courts take the notice requirement seriously and will dismiss a plaintiff’s medical malpractice claim for lack of timely notice. If you were injured by a negligent health care provider, it is important to speak to a Syracuse medical malpractice lawyer as soon as possible to avoid waiving your right to recover damages.
The Procedural History of the Case
It is alleged that the plaintiff underwent unspecified treatment at a health care facility operated by the defendant municipal corporation and subsequently sustained harm as a result of the defendant’s negligence. She later filed a petition for leave to file a late notice of claim. The trial court denied her petition, and she appealed. She then filed a motion to renew the petition. The court denied her motion, and she once again appealed.
Notice Requirements in Medical Malpractice Claims Against Public Corporations
On appeal, the appellate court affirmed the trial court’s ruling. The appellate court noted that the plaintiff failed to show that the defendant had actual knowledge of the facts surrounding her medical malpractice claim within ninety days of when the claim arose or within a reasonable time after the ninety-day deadline had passed. Further, the defendant’s medical records did not demonstrate that any of the medical staff that treated the plaintiff caused her to suffer harm, either via act or omission.
In short, the court found that nothing in the record showed that the defendant had notice of the plaintiff’s claim. As such, the plaintiff failed to prove that her ten-month delay in filing a notice of claim did not cause the defendant to suffer prejudice. Further, the plaintiff neglected to set forth a reasonable cause for her ten-month delay in filing a late notice of claim. The court found that her assertion that her injuries were not immediately apparent to her lacked probative value on the issue of when her harm should have been discovered. Thus, the trial court ruling was affirmed.
Meet with a Skillful Syracuse Medical Malpractice Lawyer
Public corporations run many hospitals and healthcare facilities, and if a patient sustains harm in such a facility, they may be owed damages. If you suffered losses due to medical malpractice, you have the right to pursue claims against the parties responsible for your harm, but you must act promptly, as delays may impact your ability to recover compensation. The skillful Syracuse medical malpractice lawyers of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your options and help you to seek the best legal outcome possible under the facts of your case. You can contact us through our form online or by calling us at 833-200-2000 to set up a meeting.
