Some nursing homes and hospitals in New York State are owned by a municipality. This means the nursing home or hospital is owned by a State, County, City or Town. Municipalities enjoy certain benefits including a shorter window of time in which they must be sued before a claim would be denied. The permitted period of time in which to start a suit is referred to as a statute of limitations. The statute of limitations against a municipally owned corporation is 1 year and 90 days from the date of injury. This is significantly shorter than the three year statute of limitations that typically applies for negligence against a private individual or entity. Further, any claim against a municipality must be reported to the municipality within 90 days of the injury. This rule exists so that a municipality can conduct a timely investigation and preserve evidence. If you wait longer than 90 days to provide notice of the claim, you may be able to obtain a court order allowing for late notice of claim to be served, but you should act quickly. If you do not file your notice of claim within 90 days or obtain permission to serve late notice of claim, you will be barred from pursuing the claim.
If you or a loved one has been injured due to negligent care at a nursing home or hospital, please contact Lacy Katzen LLP right away so that we can work to protect your claim. We offer free consultations.