Rochester Medical Malpractice and Personal Injury Lawyer Blog
Many medical facilities in New York are public corporations. They bear the same obligations to their patients as private facilities, however, and if they breach their obligations, they can be held liable for medical malpractice. There are additional procedural requirements imposed on plaintiffs pursuing claims against public corporations, though, and if they fail to abide by them, it may result in the dismissal of their claims. In some instances, though, the court will excuse such oversights, as demonstrated in a recent ruling issued in a New York medical malpractice case. If you were injured by the recklessness of a physician, it is advisable to consult a Rochester medical malpractice attorney to evaluate your possible claims.
Case History
It is reported that the plaintiff gave birth to her child at the defendant’s hospital. Shortly after his birth, the child was diagnosed with Erbs palsy. Further, the plaintiff was directed to follow up with a neurologist due to the fact that the child had a brachial plexus injury caused by birth trauma, demonstrated by asymmetric Moro reflex and decreased movement of the right arm, and suspected right brachial plexus palsy.
Allegedly, the plaintiff subsequently filed a medical malpractice lawsuit against the defendant and a motion for leave to file a late notice of claim. The defendant moved to dismiss the plaintiff’s complaint due to late notice. The court denied the defendant’s motion, and the defendant appealed.
Requirements for Pursuing Medical Malpractice Cases Against Public Corporations
On appeal, the court affirmed the trial court ruling. In doing so, it explained that the trial court exercised its discretion appropriately in denying the defendant’s motion and granting the plaintiff’s. The court noted that the medical records, which the defendant had since the date of the alleged malpractice, showed that the defendant had actual knowledge of the essential facts of the plaintiff’s claims regarding her son.
Additionally, the court noted that the defendant offered no evidence as to how it would be significantly prejudiced if it were required to defend itself against the plaintiff’s allegations on the merits. The court stated that as the defendant had actual knowledge of the plaintiff’s harm, it could not show that it suffered substantial prejudice due to the plaintiff’s delay in moving for leave to serve a late notice of claim. As such, the court affirmed the trial court’s denial of the defendant’s motion.
Meet with a Seasoned Rochester Medical Malpractice Lawyer
Hospitals that are public corporations, like all medical providers, have a duty to offer competent care, and if they breach that duty, it may constitute medical malpractice. If you suffered losses because of a doctor’s negligence, it is smart to meet with an attorney to evaluate your options. The seasoned Rochester medical malpractice lawyers of DeFrancisco & Falgiatano Personal Injury Lawyers take pride in helping injured parties seek justice for their harm, and if you hire us, we will zealously pursue any damages you may be owed. You can reach us through our online form or by calling us at 833-200-2000 to set up a conference.
