Fullerton Beck attorney John Leifert successfully defended a New York City hospital, defeating a claimant’s motion to file a late medical malpractice claim involving a patient’s death. These motions are notoriously difficult for defendants to win, as courts often grant late filings, especially in cases involving a death. The outcome here reflects not only the strength of the defense but also the exceptional work involved in achieving such a result under challenging circumstances.
After the patient presented to the client emergency room with abdominal complaints, he was examined and discharged. As his illness worsened, he sought care from other providers and visited another hospital where he died from his underlying condition.
The court found that the claimant had not shown that our client had timely knowledge of potential malpractice. Further, the hospital’s expert affirmed that the care met appropriate standards, and John was able to show that the claimant’s expert had not even reviewed the hospital’s records.
Additionally, the court was not convinced that the alleged difficulty in identifying the patient’s providers and appointing an estate representative was a sufficient excuse for the delay in filing the motion, and the court rejected the movant’s arguments that the hospital would not be prejudiced by the delay.
This decision underscores the claimant’s burden in late malpractice claims against municipal hospitals require proof of (1) actual knowledge beyond mere possession of records, (2) articulation of a reasonable excuse for delay and (3) absence of prejudice.