X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.


http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48380

Justice Alpert

IN A MEDICAL malpractice action petitioner alleged that her daughter, who is now 11-years-old, was seen at respondent hospital on multiple occasions between June 22, 2002 and Jan. 19, 2003. In February 2003 the child allegedly underwent emergency appendix surgery. Over respondent hospital’s opposition, the court granted petitioner’s motion for leave to file a late notice of claim. Referring to considerations set forth in General Municipal Law §50-e(5), the court found that petitioner failed to establish a nexus between her daughter’s infancy and her delay in filing a notice of claim, noting that the delay was largely associated with petitioner’s failure to appreciate a link between her child’s injuries and the alleged malpractice. However, finding that respondent’s records provided prior actual notice, the court ruled that respondent’s failure to indicate the level and nature of its investigation of petitioner’s application undermined its claim of prejudice.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.