Thomas A. Moore and Matthew Gaier Equitable Estoppel and Public Hospitals
When notice of a medical malpractice claim is not filed timely and the statute of limitations to bring a motion for permission to serve a late notice of claim expires, a court is not required to grant relief. The only avenue for a claimant who failed to file timely may be to argue the municipal defendant should be equitably estopped from seeking dismissal. The application of this doctrine to notices of claim and municipal hospitals is the subject of this article.
December 04, 2023 at 10:00 AM
16 minute read
Medical malpractice claims against public hospitals are subject to a requirement of a timely notice of claim, which usually must be served on the public entity within 90 days of accrual of the claim. Where there has been continuous treatment, a notice of claim served within 90 days of the cessation of that treatment is also timely.
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