Under New York law, people injured by incompetent medical care must pursue claims for damages within a certain timeframe, or they may waive the right to recover compensation. In other words, a patient must not only file a medical malpractice lawsuit within the statute of limitations but must also actively prosecute the claim once it is filed; otherwise, the claim may be dismissed. This was illustrated in a recent ophthalmology malpractice case in which the plaintiff’s repeated delays in litigating her claims resulted in the dismissal of her lawsuit. If you suffered injuries due to negligent eye care, it is advisable to speak to a knowledgeable Rochester ophthalmology malpractice attorney regarding your rights.
The Plaintiff’s Claims
Reportedly, the plaintiff underwent surgical placement of an intraocular lens, which was performed by the defendant ophthalmologist. She suffered complications during the procedure that led to hemorrhaging and the permanent loss of vision in her right eye. She then filed a malpractice lawsuit against the defendant, alleging his failure to direct her to stop taking prescription blood thinners prior to the procedure caused her to suffer harm.
Allegedly, in January 2014, the defendant filed an answer to the plaintiff’s complaint and served the plaintiff with a demand for a bill of particulars and discovery. Plaintiff initially did not respond, but ultimately sat for a deposition. No other action was taken to further the case, however. In April 2018, the defendant served the plaintiff with a notice to resume prosecution, advising the plaintiff he would move to dismiss her case if she did not file a note of issue within 90 days. The plaintiff did not comply with the demand, and her case was dismissed, after which she appealed.