Elmhurst Medical Center Medical Malpractice Attorney
As its name suggests, Elmhurst Medical Center is located in Elmhurst, New York. It is one of 11 hospitals that are part of the New York City Health and Hospitals Corporation (HHC). Elmhurst is a teaching hospital that provides general surgical and medical care. The hospital manages more than 130,000 emergency room visits each year along with nearly 30,000 admissions. Approximately 7,000 outpatient surgeries and 4,000 inpatient surgeries are performed every year at the facility.
In most cases, the staff members at Elmhurst provide the highest quality of care patients expect and deserve. There are times, though, when medical malpractice occurs and patients are hurt as a result. If this has happened to you at Elmhurst, you may be able to file a claim for compensation. These cases, though, are particularly complex. Our Elmhurst Medical Center medical malpractice attorney explains what these are below.
The Notice of Claim Requirement
When filing a claim against a facility that is part of the HHC, you must also file a Notice of Claim. Cases that do not involve the HHC do not have this same requirement. You must serve the Notice of Claim to the hospital by registered or certified mail or by personal delivery. Our Elmhurst Medical Center medical malpractice lawyer can ensure the Notice of Claim is filed in accordance with the law. Also, it is very important to know that the Notice of Claim must be filed within 90 days of the malpractice occurring. If it is not, you will forfeit the right to claim any compensation at all.
Exceptions to the Notice of Claim Requirement
While you must file a Notice of Claim within 90 days, or risk losing the right to claim any compensation at all, there are some exceptions for Notices that are filed late. Civil law judges will consider many factors when determining whether a person can file a Notice after the 90-day timeframe and these are as follows:
- Whether the hospital, or the attorney representing it, was made aware of the material facts surrounding the claim within the 90-day window, or an amount of time thereafter that is within reason,
- Whether the injured party is a minor child under the age of 18 years old,
- Whether the plaintiff suffers from a mental or physical incapacitation,
- Whether the plaintiff has a legitimate reason for failing to file the claim within the 90-day timeframe, and
- Whether the delay in providing notice would make it challenging for the hospital in its ability to reasonably defend against the claim on its merits.
Our Elmhurst Medical Center Medical Malpractice Lawyer Can Help with All Requirements
When filing a medical malpractice claim against a public entity such as Elmhurst, there are many requirements to comply with that are not involved in other civil cases. At Michael Gunzburg, P.C., our Elmhurst Medical Center medical malpractice lawyer can inform you of what these are and make sure you comply with them so you obtain the maximum damages you are rightfully entitled to. Call us today at 212-725-8500 or contact us online to schedule a consultation and to learn more about how we can help.
