Court Upholds Dismissal of MedMal Suit as Untimely
A medical malpractice action alleging that a hospital failed to diagnose a man's cancerous wound must be dismissed because he filed a notice of claim too late, a state appellate court ruled Thursday.
June 16, 2017 at 04:00 PM
4 minute read
A medical malpractice action alleging that a hospital failed to diagnose a man's cancerous wound must be dismissed because he filed a notice of claim too late, a state appellate court ruled Thursday.
The 18 months between plaintiff Jianfeng Jian's stay at Bellevue Hospital Center and his return to the hospital undercut his contention that he had been receiving a “continuous course of treatment” and therefore his notice of claim was timely.
Moreover, an Appellate Division, First Department, panel said, Jian failed to show up for follow-up appointments during his 18 months away and relied on the treatment of co-defendant Xue Chao Wei, an acupuncturist not associated with Bellevue.
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