But when you suffer injuries or complications due to treatment you received in a public hospital in New York, can you file a medical malpractice lawsuit?
Public Hospitals in New York
Public hospitals in New York state fall into two categories. The first includes the hospitals operated by New York City Health and Hospitals, which operates the public hospitals and clinics in New York City. Its network includes 11 hospitals, 30 community clinics under the Gotham Health brand, and five long-term care centers. New York also operates three public hospitals under the State University of New York in Syracuse, Brooklyn, and Stony Brook.
Public hospitals in New York differ from hospitals organized as non-profits or operating under non-profit hospital networks, as those hospitals have no affiliation with the New York state government or any municipal government. Non-profit hospitals and hospital networks, along with for-profit hospitals, make up New York’s private hospital system.
Can You Sue a Public Hospital?
Patients who suffer injuries or complications due to negligent care in a public hospital may have a legal claim against the hospital for medical malpractice, especially when a patient receives negligent care from a hospital employee (such as a nurse) or when the patient brings a claim of negligent credentialing or negligent supervision of an independent physician practicing in the hospital.
The New York legislature has adopted laws waiving sovereign immunity for the state or any municipality in the state for the same kinds of personal injury claims that a patient could bring against a private healthcare provider. As a result, patients harmed by medical malpractice in New York’s public hospitals may bring claims but must follow specific procedures to do so.
Special Notice Requirements
Under New York law, before a patient may file a medical malpractice lawsuit against a public hospital, they must first comply with the statutory notice-of-claim requirement. This requirement obligates a medical malpractice claimant to provide notice of their claim to the appropriate political subdivision, instrumentality, or agency of the state, public authority, or public benefit corporation within 90 days of the date their claim arises. However, for wrongful death medical malpractice claims, the 90 days begin upon the appointment of a personal representative for the decedent’s estate.
The notice of claim should include critical information, such as:
- The claimant’s information
- A description of the alleged malpractice
- A description of the claimant’s injuries
- The compensation sought by the claimant
The Shortened Statute of Limitations
New York’s statute of limitations for medical malpractice claims typically requires a claimant to file suit within 30 months of the date that negligent treatment occurred. However, New York law imposes a shortened statute of limitations for injury claims brought against any political subdivision, instrumentality, or agency of the state, public authority, or public benefit corporation. For claims like medical malpractice brought against such entities, a claimant must file suit within one year and 90 days of the date their claim accrued.
What Makes Suing a Public Hospital More Complicated?
Bringing a legal action for medical malpractice against a public hospital in New York may involve various complexities, such as:
- Identifying the correct agency, instrumentality, or public benefit corporation to name as the defendant
- Following the various procedural requirements and their strict time limits
- Addressing potential immunity arguments
Contact Our Medical Malpractice Attorneys Today
Pursuing a medical malpractice claim against a public hospital can involve complicated requirements, making legal counsel critical to preserving your rights to seek compensation for your injuries and losses. Contact McCann Legal, PC today for a free, no-obligation consultation with a medical malpractice lawyer to learn more about your options for pursuing legal action against a public hospital in New York.