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T.V. v. N.Y.C. Health & Hosps. Corp., 2016 N.Y. Slip Op. 30084 (N.Y. Sup. Ct. 2016) is a medical malpractice and negligence case involving an infant who fell from a hospital bed, leading to serious injuries. In addition to the medical malpractice and negligence claims, the case also addresses New York’s stringent procedural requirements for medical malpractice claims against city-operated hospitals.
Under New York’s General Municipal Law § 50-e, individuals must file a notice of claim within 90 days of an incident if they intend to sue a municipal entity or employee for damages due to negligence or wrongdoing. This notice is a prerequisite for filing a lawsuit and must detail the incident, the injuries suffered, and the claimed damages. It serves to inform the municipality of potential liability and allows it to investigate the claims promptly. If the notice is not filed within the statutory period, claimants must seek judicial permission to serve a late notice, demonstrating a reasonable excuse for the delay and lack of substantial prejudice to the municipality.
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