In any medical malpractice lawsuit, it is important to hire an attorney who is mindful of statutory filing obligations, as the failure to comply with deadlines can drastically impair a plaintiff’s right to recover damages. Recently, the Supreme Court of New York, Appellate division, discussed when it is appropriate to grant an extension in a hospital malpractice case, and when the case must be dismissed. If you sustained any injury or illness due to hospital malpractice it is vital to engage the services of a skilled Rochester hospital malpractice attorney to help you develop persuasive arguments in favor of your recovery.
Factual and Procedural Background
It is reported that the plaintiff, who was not represented by an attorney, filed an amended summons of notice on December 23, 2016. Approximately three and a half months later, on April 18, 2017, the defendants, three hospitals that provided treatment to plaintiff and one physician, filed a demand for a complaint. Subsequently, on May 25, 2016, the defendants moved to dismiss the action pursuant to CPLR 3012(b), due to the plaintiff’s failure to file the complaint in a timely manner.
Allegedly, the plaintiff opposed the motion, and filed her complaint on June 26, 2017, alleging claims of medical malpractice against the defendants. The court denied the defendants’ motion to dismiss, and on its own accord granted the plaintiff an extension of time to serve the complaint. The court also ordered the defendants to accept the complaint. The defendants appealed.