Syracuse Personal Injury Law Blog
Many facilities that provide medical care are operated by the state or federal government. While patients harmed by negligent medical care at such facilities have the right to seek compensation for their losses through medical malpractice claims, they must comply with certain notice requirements. If they fail to provide timely notice, their claims may be dismissed, as illustrated by a recent New York ruling. If you were hurt by the negligence of your doctor, you have the right to pursue damages, and you should speak to a Syracuse medical malpractice lawyer to evaluate your potential claims.
History of the Case
It is reported that the plaintiff lived in a state-owned facility. While he was there, he underwent surgical repair of a fracture in his right foot. He began to experience pain immediately after the surgery, but his requests for pain medication were denied. He continued to complain of pain, but his reports were largely disregarded. He ultimately underwent an evaluation, after which he was informed that the treatment that he was provided was improper, and he developed arthritis due to the negligent care. He subsequently instituted a lawsuit against the state, asserting numerous claims, including medical malpractice. The defendant then moved to dismiss the plaintiff’s claims.
Notice Requirements in Medical Malpractice Cases Against Municipal Entities
The defendant argued, among other things, that the plaintiff’s state law medical malpractice claims against it must be dismissed, as the plaintiff failed to comply with the Notice of Claim requirements, which were conditions precedent to filing suits against public corporations or their employees under New York municipal law.
The court agreed, noting that New York General Municipal Law 50-d(I) dictates that every municipal corporation will be liable for any harm caused by a physician rendering medical services in a public institution. The law further demands that no cause of action against a public corporation can be pursued unless the plaintiff makes a notice of claim and serves the public corporation in compliance with the chapter within ninety days of when the cause of action arises.
Such requirements extend to cases pursued in federal court. In the subject case, the court ultimately dismissed the plaintiff’s claims. It explained, however, that should the plaintiff file an amended complaint asserting medical malpractice claims, it must set forth allegations demonstrating it complied with the notice of claim and service requirements established by New York state law as a threshold requirement for the court to consider the claims.
Speak to a Seasoned Syracuse Lawyer
Patients injured by inadequate medical care have the right to pursue medical malpractice claims, but they must do so in a timely manner. Otherwise, they could waive the right to recover damages. If you suffered harm due to the carelessness of your doctor, you should contact an attorney regarding your rights. The seasoned Syracuse attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your harm and help you to seek any compensation you may be able to recover. You can reach us via our online form or by calling us at 833-200-2000 to set up a conference.