Many health care facilities in New York are owned and operated by public corporations. A patient that sustains harm due to incompetent medical care at a hospital owned by a public corporation has the right to pursue damages via medical malpractice claims, but they must adhere to specific notice requirements. If they fail to provide the public corporation with the notice required by New York law, their claims may be dismissed, as demonstrated in a recent opinion issued by a New York Court. If you suffered injuries while receiving care at a hospital, it is prudent to speak to a Syracuse medical malpractice lawyer as soon as possible to protect your right to seek compensation.
The Facts of the Case
It is alleged that the plaintiff underwent care at a hospital owned by the defendant city. The facts regarding the nature of his care were not provided, but he went on to suffer unspecified harm, which he alleged arose out of the negligence of the hospital employees. He subsequently filed a medical malpractice lawsuit against the defendant as well as an application to serve a late notice of claim or to deem the notice of claim timely filed. The trial court denied the motion, and the plaintiff appealed.
Notice in Medical Malpractice Claims Against Public Corporations
The appellate court affirmed the trial court ruling. In New York’s General Municipal Law section 50, parties allegedly harmed by the negligence of the employee of a public corporation must provide the corporation with notice of their potential claim within 90 days of the date the claim accrued. In the subject case, the court explained that even if the continuous treatment doctrine applied, the time period for filing a notice of claim would have expired in October 2019, but the plaintiff did not file his notice until September 2020.
Further, as it was filed without leave of court, it was null. The court went on to note that the plaintiff failed to show that the defendant had actual notice of the plaintiff’s medical malpractice claim within 90 days of when the claim accrued or a reasonable time thereafter. He also neglected to submit any evidence that he was incapacitated to the extent that he was unable to provide notice. As the plaintiff failed to meet his burden of showing the defendant was not substantially prejudiced by the late notice, the burden did not shift to the defendant to make a particularized showing of prejudice. Thus, the appellate court affirmed the trial court ruling.
Meet with an Experienced Syracuse Medical Malpractice Attorney
People can pursue medical malpractice claims against public corporations, but they must provide notice of their claim shortly after the harm occurs; otherwise, they may waive their rights. If you were hurt by incompetent medical care in a hospital owned by a public corporation, it is wise to meet with an attorney to evaluate your options. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers possess the skills and resources needed to hold negligent medical professionals accountable for any harm they cause, and if you hire us, we will work tirelessly on your behalf. You can contact us through our form online or by calling us at 833-247-8427 to set up a conference.