People harmed by incompetent medical professionals have a limited amount of time to pursue their claims. If they fail to file a medical malpractice lawsuit within the statute of limitations, they will typically lose the right to recover damages, as illustrated in a recent New York ruling in which the court dismissed the plaintiff’s case, rejecting her assertion that it sounded in negligence rather than medical malpractice. If you were injured by a reckless physician, you should confer with a Rochester medical malpractice attorney as soon as possible to avoid waiving your potential claims.
Factual and Procedural History
It is alleged that the defendant was a resident in the hospital where the plaintiff was delivered and attended to the plaintiff’s mother during her March 1999 birth. The defendant allegedly dropped the plaintiff on the floor of the delivery room immediately after she was born. In January 2020, the plaintiff filed a medical malpractice lawsuit against the defendant.
Reportedly, the defendant moved to dismiss the complaint on the grounds that it was barred by the statute of limitations. The plaintiff opposed the motion, arguing that the statute of limitations for negligence, rather than medical malpractice, applied. The court denied the defendant’s motion, and the defendant appealed. Continue reading