When you have suffered harm from negligent care at a hospital, you might have a medical malpractice claim against the hospital. However, filing a medical malpractice lawsuit against a New York public hospital requires submitting a notice of claim before going to court. But what is a notice of claim, and what do you have to do to file one against a public hospital in New York?
What Is a Notice of Claim?
In New York, a notice of claim is a document that a person must submit to a governmental entity before filing a lawsuit for a tort claim, such as for medical malpractice. Under NY General Municipal Law §50-e, a person with a tort claim must serve a notice upon a public corporation before commencing a legal action against that public corporation or any of its officers or employees. However, if a person with a tort claim chooses to pursue that claim only against the officers or employees of a public corporation but not the corporation itself, then the person does not need to file a notice of claim unless the public corporation has a statutory duty to indemnify its officers or employees for the claim.
The notice of claim requirement applies to public hospitals, such as NYC Health hospitals or county hospitals. The requirement does not apply to private hospitals, including non-profit hospitals.
Why Do You Need to File a Notice of Claim
Courts treat the notice of claim as a procedural requirement for tort lawsuits. If you fail to file a timely notice of claim before filing a medical malpractice lawsuit against a public hospital, the court may dismiss your case, regardless of the merits of your claim. Courts have identified very specific, narrow exceptions for filing a notice of claim or allowing an untimely notice. As a result, you should seek prompt legal assistance if you suspect that you may have received negligent care at a public hospital.
The Deadline for a Notice of Claim
Under New York law, a person with a claim against a public hospital must submit their notice of claim within 90 days of the date that their claim arises. However, for wrongful death claims against public hospitals, the 90-day filing deadline begins on the date of appointment of a personal representative of the decedent’s estate. Furthermore, a claimant must file their notice of claim before the statute of limitations for their medical malpractice claim expires.
What Goes into a Notice of Claim?
A notice of claim to a public hospital in New York must be in writing, signed by or on behalf of the person bringing the malpractice claim. The notice must include:
- The name and mailing address of the claimant and their attorney (if any)
- The nature of the claim
- The date the claim arose
- The place and manner in which the claim arose
- The nature of the claimant’s injuries and (in certain circumstances) the losses they have sustained thus far
How to File a Notice of Claim
A person may file a notice of claim by having it delivered personally to the person authorized by law to accept service of process on behalf of the hospital, or by mailing it via registered or certified mail to the person authorized to accept service of process. For cities with populations of a million residents or more, a person may also submit a notice of claim electronically in the manner established by the city.
Contact Our New York Medical Malpractice Law Firm Today
After you’ve suffered injuries or developed health complications from treatment at a public hospital in New York, you have specific procedures to follow to pursue a compensation claim against the hospital for its staff’s negligence. Contact McCann Legal, PC today for a free consultation with a medical malpractice attorney to learn more about filing a medical malpractice lawsuit against a New York public hospital and to discuss how our firm can guide you through the claims process.