The COVID-19 pandemic altered many aspects of everyday life, including the manner in which medical malpractice cases are litigated. Specifically, among other things, it generally increased the length of time parties had to pursue claims against negligent medical professionals. In a recent opinion issued in a medical malpractice case, a New York court clarified that the executive orders issued by the Governor during the pandemic tolled, rather than suspended, the statute of limitations. If you sustained losses because of a doctor’s carelessness, it is wise to confer with a Syracuse medical malpractice attorney to evaluate your possible causes of action.
The Facts of the Case
It is alleged that the decedent underwent treatment with the defendants in May 2018. The opinion did not elaborate on the nature of the decedent’s health concerns; regardless, the decedent passed away in September 2018 due to complications associated with her care. The plaintiff commenced a medical malpractice action against the defendant in November 2020 and served an amended complaint naming additional parties that treated the plaintiff as defendants in February 2021.
It is reported that the defendants named in the February 2021 complaint moved for dismissal of the plaintiff’s claims on the grounds that they were barred by the applicable statute of limitations. The trial court denied the motion and the defendant appealed. Continue reading