The New York City municipal hospitals are technically known as New York City Health and Hospitals Corporation. This entity comprises several municipal hospitals operated by the city of New York. Some examples include the Bellevue Hospital and Harlem Hospital near Manhattan, Jacoby Medical Center and North Central Bronx Hospital in the Bronx, Kings County Hospital in Brooklyn, and Elmhurst Hospital in Queens, in addition to many others in each borough.
Standard of Care in NYC Municipal Hospitals
The legal standard of patient care applies in the same way to municipal hospitals as to private hospitals in New York City. Although the hospital does not guarantee an outcome for a patient, it must provide an acceptable level of patient care consistent with good and accepted medical practice. If the hospital staff or hospital’s management deviates from this standard of patient care, resulting in harm to a patient, they can be held liable for medical malpractice damages.
New York City Health and Hospitals Corporation is responsible for the behavior and medical treatment of the personnel, such as the physicians' nurses and medical staff in their hospitals. It is extremely important for a patient that feels they were improperly treated at a New York City hospital to contact an experienced medical malpractice lawyer as soon as possible to protect their rights.
Statute of Limitations for New York City Municipal Hospitals
In New York City, there is a major difference between bringing a medical malpractice claim against a municipal hospital compared to a private hospital. If the patient fails to file what’s known as a notice of claim with the proper municipal representative within 90 days from the date of injury or the last date of continuous treatment, they will likely have forfeited any right to bring a claim.
This is a severe rule, legally known as a statute of limitations relating to New York City municipal hospitals. This is completely different from the statute of limitations for private hospitals in New York State. For example, at a private hospital such as Mount Sinai, the statute of limitations in New York State would be 2½ years to bring a personal injury claim or two years to file a claim of wrongful death.
Regarding the stringent 90-day rule for NYC municipal hospitals, there are a few exceptions. But it is very difficult to get an extension because you must bring be able to show a valid cause for filing a late notice of claim.
Therefore, it doesn’t matter how good your claim is or how serious your injuries are after 90 days because then you may have no right to bring a claim to New York City. It’s crucial to be aware of this severe restriction on the rights of patients.
NYC Municipal Hospital Claim Requires 50 H.Hearing
A key part of the legal process for bringing a claim for medical malpractice against a New York City municipal hospital is that the patient must appear before a 50 H hearing where they are questioned before commencing the lawsuit. At this hearing, which can take place at the office of an attorney for the hospital, you will be questioned about the incident of the claimed malpractice.
You will also be questioned about your general health, personal and spouse’s employment, and social activities as they relate to your claim to injury. You are technically allowed to have an attorney present but there are limited objections. It is not like a full-court proceeding, but you should know that your testimony will be recorded and may be used against you at a later time in the proceedings.
This 50 H hearing is scheduled after you or an experienced medical malpractice lawyer in New York City files a notice of claim on your behalf. Like any NY medical malpractice case, before filing, the law requires that you obtain and prepare a notice of medical malpractice. The law also requires that you consult with a physician and obtain an opinion that they believe medical malpractice was committed before commencing a case.
The New York City municipal hospitals have their legal department with attorneys trained in the law of medical malpractice. They or prepared to defend the hospital and try and defeat your claim. It can be extremely difficult for any citizen, let alone an attorney not trained in medical malpractice law to bring a successful malpractice case against an NYC municipal hospital.
This is why you must choose a highly experienced New York City medical malpractice law firm. The law firm of Rosenberg, Minc, Falkoff & Wolff, LLP has brought hundreds of medical malpractice claims against New York City hospitals in major medical specialty areas, such as childbirth malpractice, surgical malpractice, failure to diagnose, and delay in diagnosing cancer.
Top-Rated NYC Law Firm for Medical Malpractice against Municipal Hospitals
The law firm of Rosenberg, Minc, Falkoff & Wolff, LLP in New York City has had immense success obtaining hundreds of millions of dollars in compensation for patients in medical malpractice cases against the New York City Health and Hospitals Corporation. Our medical malpractice attorneys have decades of experience in medical malpractice and have filed hundreds of claims over the years.
Our New York City personal injury law firm has been successful in patient compensation for medical malpractice against Kings County Hospital, claims against Bellevue Hospital, and has won millions against Elmhurst Hospital on behalf of patients.
An important reason to be represented by a top-rated and experienced medical malpractice lawyer is the fact that it helps in bringing the negligent parties quickly to the negotiating table. When our attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP file a medical malpractice case for our clients, it becomes quickly apparent that the at-fault parties will have to settle as has happened hundreds of times in the past.
Our dedicated medical malpractice lawyers will guide you and get your case reviewed by a medical expert and be thoroughly prepared so that your case becomes a winner and you get your rightful compensation.
If you’ve been the victim of medical malpractice due to treatment in New York City hospitals, we strongly recommend you consult with our skilled and trusted NYC medical malpractice lawyers. In the case of our law firm, we never charge a fee to clients on a medical malpractice case unless our client is compensated. Our clients pay nothing upfront and we never ask for payment of expenses that we advance to prepare our clients claims.
In these types of cases, our NYC medical malpractice attorneys are likely to spend an average of $15,000 to $30,000 in consulting with experts and preparing your case. If the case goes to trial and it’s not settled, these expenses could exceed $30,000 as many experts will charge over $10,000 just to appear in court. You do not have to pay anything unless we obtain compensation for you.
Give us a call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online to request a free and confidential case evaluation with our medical malpractice attorneys in New York City.
Listed Below is a list of The New York City municipal hospitals for your convenience:
Where do I start… As a client of a malpractice case, I did not know what to expect. However, the support from Rosenberg, Minc, Falkoff & Wolff Law firm made me feel at ease. The dedication, compassion, and overwhelming hard work that Gary Silverstein put in was undeniably AMAZING. Seeing how hard and diligent Gary worked on my case made me realize that I had the best team on my side. The support from the entire legal team was unbelievable. There were continuous updates, follow-ups, most importantly assurance of any concerns I had before and during my trial. In fact, during the trial Gary showed a vast form of knowledge, strategic and responsive thinking, and most importantly wisdom. His dedication was unbelievable, and not one time did I not feel involved. I am truly appreciative for all that Rosenberg, Minc, Falkoff & Wolff Law have done, but mostly I am appreciative of the amazing staff they have. Lorraine and Sharon played a big part in my case, and I am truly thankful for their support and hard work. I am truly happy to have been a client of Rosenberg, Minc, Falkoff & Wolff Law. I highly recommend them and will continuously refer them, Thank you RMFW!
MANHATTAN LAW OFFICE
122 East 42nd Street Suite 3800
New York, NY 10168
QUEENS LAW OFFICE
8900 Sutphin Blvd Suite 501
Queens, NY 11435
Tel: (718) 399-3100
*By Appointment Only
BRONX LAW OFFICE
220-226 E 161st Street
The Bronx, NY 10451
Tel: (212) 344-1000
*By Appointment Only