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.
The Appellate Division, First Department has ruled that the woman, Gina Vijeu, should have filed a notice of claim for malpractice against the New York City Health & Hospitals Corporation within 90 days of her last public hospital treatment on September 11, 2018, according to a First Department opinion and underlying court records.
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