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Verdicts
Hospital That Caused Filing Delay Cannot Cry 'Too Late!'
A former patient of a county medical center in New York was allowed by the court to serve a late notice of claim against the County because the medical center inexcusably kept the patient's hospital records from him ' records that he needed so that a physician could review his claim. Wiltsie v. Westchester County Medical Center, Slip Copy, 19 Misc.3d 1128(A), 2008 WL 1947004 (Sup. Ct., Westchester Cty. 4/28/08).
The petitioner claimed he was injured by the respondent County's hospital's negligence in failing to examine, diagnose and treat him for a stroke condition, among other ailments. He did not, however, file a notice of claim within three months of experiencing these problems, as required by law when the defendant is a municipal corporation. When the petitioner did finally bring this action, the 90-day period for serving the notice of claim had long passed. He sought permission here, under General Municipal Law Section 50-e, subdivision 1, to serve a late notice of claim.
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