X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.


http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48523

Justice Carey

THE ELDERLY, wheelchair-bound plaintiff was held overnight by a hospital’s psychiatric unit when she fell from her wheelchair after exiting a bus. She served a notice of claim on Dec. 6, 2002 and on Sept. 2, 2003, filed a summons with notice. False imprisonment and medical malpractice were among the causes of action in her Dec. 13, 2003 verified complaint. Alleging law office failure and her physical condition, plaintiff sought to compel defendants’ acceptance of her complaint. The court compelled defendants’ acceptance of plaintiff’s complaint. Denying dismissal, it ruled that by submitting a physician’s affirmation that – based on the symptoms that plaintiff presented – the defendants deviated from accepted medical practice by confining her to the hospital’s psychiatric unit, plaintiff sufficiently demonstrated the merits of her claim. The court also found that she also established reasonable excuses for her delay in serving the complaint.

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.