MED MALPRACTICE & WRONGFUL DEATH CLAIMS FILED TOO LATE
After the Bronx County Supreme Court denied Seniorcare Emergency Medical Services’s motion to dismiss the case filed against it, an appeal ensued.
And on its review of the case, the Appellate Division, First Department, noted that since the complaint asserted a medical malpractice claim, rather than an ordinary negligence cause of action, that limited the amount of time the plaintiff had to bring a case.
Because the litigation was filed after the 2 ½ year statute of limitations had expired, the medical malpractice claim couldn’t survive. And as far as any wrongful death allegations were concerned, those were also untimely, as the case needed to be brought within two years of the decedent’s demise.
Now, that sure was real deadly.
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