People harmed by reckless health care providers have the right to seek compensation for their losses. They must do so in a timely manner, however, or their claims may be barred by the statute of limitations. While the statutory period may be tolled in some situations, a plaintiff bears the burden of proving such tolling is proper. If they cannot, their claims may be dismissed, as shown in a recent ruling issued in a New York medical malpractice case. If you were hurt due to negligently rendered medical care, you might be owed damages, and you should confer with a Syracuse medical malpractice lawyer as soon as possible to avoid waiving your right to recover compensation.
The Plaintiff’s Claims
Allegedly, in 2013, the plaintiff suffered injuries in a fall at a restaurant. She was then transported by ambulance to the defendant hospital, where she was treated by the defendant nurse and other parties. She presumably suffered harm due to the care she received from the defendant’s employees, as in 2015, she filed a medical malpractice lawsuit against the defendants. She ultimately discontinued her claims via stipulation with a reservation of her rights under CPLR 205(a).
It is reported that in 2017, she then commenced a lawsuit against the defendants, apparently pursuant to the six month extension of the statute of limitations under CPLR 205(a). The defendants moved to dismiss the claims against them as time barred. The court ultimately granted the defendant’s motion.
Tolling of the Statute of Limitations in New York Medical Malpractice Cases
CPLR 205(a) provides, among other things, that if a prior action was timely filed against the party and was not dismissed for failure to obtain personal jurisdiction, the plaintiff may file a new action on the same transaction or occurrence within six months of the prior action’s termination, provided that the new action would have been timely filed at the time of the prior action’s commencement.
In the subject case, the court found that the plaintiff could not avail herself of the privileges of CPLR 205(a), as she failed to obtain personal jurisdiction over the defendants in the prior case. Specifically, she made no attempt to serve them with the complaint within the required period for service. As such, the court found that she was not entitled to the six month extension of the statute of limitations provided by CPLR 205(a). Based on the foregoing, the court dismissed the plaintiff’s case.
Meet with a Trusted Syracuse Lawyer
Careless medical professionals can cause significant harm, but people injured by medical malpractice have a limited window to pursue claims against them. If you sustained damages due to the negligence of a healthcare provider, you have the right to seek compensation, and you should meet with an attorney to discuss your potential claims. The trusted Syracuse attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can assess the circumstances surrounding your harm and advise you of what claims you may be able to pursue. You can contact us through our online form or by calling us at 833-247-8427 to set up a meeting.