Those who have suffered personal injuries or a loved one’s wrongful death have only a limited time in which to file a Syracuse medical malpractice lawsuit. This includes situations in which the victim of the alleged medical negligence is a minor child. If your family has been hurt by a doctor or hospital, an experienced medical malpractice attorney can help you get started on your case, but you must take the first step by setting up a consultation.
Facts of the Case
In a recent appeals court case, the plaintiffs were the parents of a minor child who allegedly suffered injuries during her birth at a city hospital owned and operated by the defendant. The plaintiffs sought to file suit in the Supreme Court, Bronx County, to seek for the child’s injuries via a motion for leave to file a late notice of claim. The defendant resisted the plaintiffs’ motion, urging the trial court to deny the relief sought by the plaintiffs. The trial granted the motion for leave, and the defendant appealed.
The Appeals Court’s Decision
The New York Supreme Court Appellate Division for First Department affirmed the lower court’s ruling. According to the appellate court, the lower tribunal’s decision to grant the plaintiffs leave to file a late notice of claim within the discretion of the trial court. Although the defendant pointed out that the plaintiffs have failed to set forth a “reasonable excuse” for their delay in filing a timely claim, the appellate court found that this was not fatal to the plaintiffs’ case under the circumstances. According to the court, the plaintiffs had met their burden by showing that the defendant was aware – and had actual knowledge – of the “essential facts constituting the claim” within the time period set forth under New York statutory law for the filing of claims such as the one at bar. Because the defendant had knowledge of these facts within the requisite time, it would not be prejudiced in defending the case on its merits.