If you are injured as a result of negligence in a municipal hospital, there is a requirement of service of a written notice of claim within 90 days. Thereafter, an action must be commenced within 1 year and 90 days of accrual. The trouble with this is that many clients are unaware that they are being served by a hospital owned or operated by a municipal corporation in the first place.
Most have no idea of the requirement thinking that they have plenty of time to make a claim. When they finally see a lawyer, the 90 day time period is often over. Although the law provides rules for seeking permission to file a late notice of claim, there are very strict requirements to do so.
In a recent NY Court of Appeals case, Wally G. v. NYC Health & Hosps. Corp, [June, 2016] the highest NY Court in a split decision disallowed the claim as the plaintiff did not file a written Notice of Claim within the 90 day period and denied the application for a late notice.
This information is very relevant to our clients as currently many local hospitals are being taken over by other and larger hospitals, some of which are municipal corporations, which require the very limited 90 day notice. If you are injured in a hospital setting, see your lawyer right away and remember these time sensitive rules.
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If you or a loved one has suffered an injury in a hospital setting, contact Robert P. Ianelli today.
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