Medical malpractice claims typically sound in negligence. There is a difference between ordinary negligence and negligent acts committed in the course of offering medical care, though, and the failure to recognize the distinction prior to instituting a lawsuit can have negative consequences. For example, in a recent New York case, a court dismissed the plaintiff’s lawsuit against a physician on the grounds that the statute of limitations for medical malpractice claims, rather than the statute of limitations for negligence claims, applied and operated to bar the plaintiff’s claims. If you were hurt by incompetent medical care, you could be owed compensation, and you should speak to a Syracuse medical malpractice attorney.
The Plaintiff’s Harm
It is alleged that the plaintiff was a patient of the defendant’s allergy practice. During a treatment visit, one of the defendant’s employees injected the plaintiff with an allergy shot intended for another patient. The plaintiff later commenced a lawsuit against the defendant, alleging that she suffered personal injuries due to the error.
Reportedly, after discovery, the defendant moved for summary judgment on the grounds that the plaintiff’s claims were not filed within two years and six months of her harm, as demanded by the statute of limitations. The plaintiff argued that her claims sounded in ordinary negligence and not medical malpractice. The court granted the defendant’s motion and the plaintiff appealed. Continue reading