Syracuse Personal Injury Law Blog
When injuries or death occur in a county-owned medical facility, the affected family often faces not only medical uncertainty but also complex procedural requirements governing claims against municipal entities. New York’s notice-of-claim rules operate on accelerated timelines, and failure to comply can bar claims that might otherwise be viable. A recent New York decision concerning treatment provided by a county hospital illustrates how courts evaluate accrual, continuous treatment, and late-notice applications in cases involving malpractice, negligence, and wrongful death. If you believe improper medical care in a public facility caused serious harm to a loved one, you should speak with a Syracuse medical malpractice attorney to safeguard your rights.
Facts of the Case and Procedural History
It is reported that the decedent was first admitted to the respondent county hospital in early September 2022 following injuries from a fall. During this initial admission, the hospital provided treatment for injuries related to the fall, and the decedent later returned to the facility for rehabilitation services. The decedent remained at the hospital through late September 2022, during which time a second fall allegedly occurred inside the facility. This event was followed by additional complications, further treatment, and ultimately surgical intervention to address the worsening condition.
Allegedly, after the decedent was discharged, the medical condition deteriorated significantly, and the decedent died from sepsis in mid-November 2022. The claimant later sought to pursue medical malpractice, negligence, and wrongful death claims against the county and its hospital, asserting that the hospital’s alleged failures in supervision, monitoring, and treatment contributed to the injuries and subsequent death.
Reportedly, the claimant was appointed as the estate’s representative in December 2022. Nearly a year later, in November 2023, claimant’s counsel sent a detailed letter outlining the factual basis for the intended claims, including the course of treatment, the alleged fall inside the facility, and the resulting complications. A formal notice of claim was served in January 2024, which the county rejected as untimely under the applicable municipal law provisions.
It is alleged that the claimant moved in to have the notice of claim deemed timely or, in the alternative, for leave to serve a late notice as to all theories of liability. The court held that the notice was timely only as to wrongful death and denied relief for the malpractice and negligence claims. Appeals and cross-motions for renewal followed, with the parties disputing both the timeliness of the notice and the court’s authority to permit late filing.
Notice in Medical Malpractice Claims Involving Public Entities
The court began by examining the strict statutory deadlines applicable to suits against municipal hospitals. For medical malpractice and negligence, General Municipal Law requires not only a timely notice of claim but also commencement of the action within one year and ninety days from accrual. The court applied the continuous-treatment doctrine to determine that the malpractice claim accrued no later than the final day of treatment in late September 2022. Because both the notice period and the statute of limitations had expired before the claimant sought relief, the court concluded that the trial court lacked authority to grant leave for a late notice on those claims. The inability to extend the time to commence suit foreclosed any possibility of reviving the malpractice or negligence theories.
The court next considered the claimant’s motion for leave to renew the late-notice request. Renewal requires new facts that would change the outcome, and the court found none. The expiration of the statutory period was dispositive, and no new evidence undermined that conclusion. The court therefore affirmed the denial of renewal.
Unlike malpractice and negligence, the accrual for notice-of-claim purposes in wrongful death runs from the appointment of the estate representative. That appointment occurred in December 2022, and although the claimant did not serve notice within ninety days, the court evaluated whether late service was permissible. Its analysis focused on whether the municipality obtained actual knowledge of the essential facts within a reasonable time, whether the delay prejudiced the municipality, and whether the trial court abused its discretion.
The detailed correspondence sent in late 2023 provided the county with substantial notice, and the respondents failed to show specific prejudice. Because the trial court reasonably concluded that the county had timely factual awareness and would not be impaired in defending the case, the appellate court held that granting a late notice for the wrongful death claim was a proper exercise of discretion.
Consult a Dedicated Syracuse Medical Malpractice Attorney
When medical negligence at a public facility leads to injury or death, the procedural requirements governing claims can be as consequential as the underlying facts. If you want to understand your rights with regard to injuries arising out of care provided by a hospital, you should consult an attorney as soon as possible. The dedicated Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can explain your options and protect your rights. Contact our Syracuse, New York office at 833-200-2000 or reach us online to arrange a free and confidential consultation.