Appellate Division, First Department at 27 Madison Ave. Photo: Ryland West/ALM Appeals Court: Woman Can't File Med Mal Claim Notice 10 Months Late With No 'Reasonable Excuse'
The woman, who intended to sue the city's public health system over a transected nerve, "failed to establish a reasonable excuse for her 10-month delay in filing a late notice" when she asserted that she didn't know her forearm's nerve was severed until she discovered it at separate, private hospital.
February 03, 2022 at 05:29 PM
4 minute read
A state appeals court has denied a woman's petition to file a late claim notice in a potential medical-malpractice action against the city's public healthcare system, writing that she "failed to establish a reasonable excuse for her 10-month delay in filing a late notice" when she asserted that she didn't know her forearm's nerve was severed until she discovered it at a separate, private hospital.
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