New York law dictates that people who want to pursue medical malpractice claims against their healthcare providers must do so within a specified timeframe. In addition to complying with the statute of limitations for medical malpractice claims, parties seeking compensation from a public entity must abide by the notice requirements as well. As indicated in a recent opinion issued by a New York court, the failure to adhere to such requirements may be fatal to a claim. If you were harmed by the negligence of your physician, you may be owed damages, and you should meet with a Rochester medical malpractice lawyer as soon as possible.
Background of the Case
It is alleged that the plaintiff filed a petition for leave to file late notice of claim against the defendant. The claim sounded in medical malpractice and arose out of the treatment the plaintiff received at a facility operated by the defendant, a public corporation. The trial court denied the plaintiff’s petition for leave, and the plaintiff appealed.
New York Law Regarding Notice in Medical Malpractice Claims
On appeal, the court found that the trial court wisely exercised its discretion in denying the plaintiff’s petition for leave to file late notice of claim and affirmed the trial court ruling. Pursuant to New York’s General Municipal Law 50-e, a party that wishes to pursue a medical malpractice claim against a public corporation must provide the corporation with notice of the claim within ninety days of when the claim accrued or within a reasonable time after. If they neglect to offer such notice, their claim may be dismissed. Continue reading