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You suffered harm in a municipal hospital in the Greater New York metropolitan area
and you need to know whether or not you can file a claim, even though it’s been more
than 90 days since the wrongdoing happened. Would you like to learn the answer? Come join
me as I share with you this important answer. Hi. I’m Gerry Oginski. I’m a New York
medical malpractice and personal injury trial attorney practicing law here in the state
of New York. In New York, you are required to file a notice of claim against the corporation
that owns and operates the municipal hospitals in the New York City region, that’s known
as New York City Health and Hospitals Corporation. Filing a notice of claim is a document that
has some important information that must be filled out. They want to know, in order to
do a thorough investigation, they want to know what the problem was, which hospital
and where this exactly occurred, and what injuries occurred as a direct result of whatever
it is that was done wrong. It will now give the hospital an opportunity to do an investigation
to determine whether or not there is responsibility there and what to do about it, if anything.
In New York, as of today, October 4, 2012, you have only 90 days to file this document
with the right entity. And if you don’t file it within 90 days, you will not be able
to bring a lawsuit. So what happens if more than 90 days have gone by? Can you still bring
a lawsuit? Well, here’s the process that you need to know about before you even get
to the point of considering whether or not to bring a lawsuit. You have to go through
a process that’s known as applying to the court for special permission to file a late
notice of claim. You can’t simply file it, otherwise it will get rejected and you’re
going to have a significant legal problem later on. So let me go through with you the
process that has to be done. First, I have to get all of your medical records. Second,
I have to review all of the medical records. Third, I have to send all of your medical
records out to a qualified medical expert that then can evaluate whether or not you
have a valid basis to proceed forward. And we have to show that (1) there was wrongdoing,
and (2) that the wrongdoing caused injury, and (3) that the injury is significant and/or
permanent. And if my medical expert believes that you have a valid basis for a case, then
I have to get the expert to give me a statement – a sworn statement – so that I can submitted
to the court with our papers that support our claim that you have a valid basis for
a case. I also have to get you to prepare a statement that says and explains why you
were not able to file a claim in a timely fashion within the first 90 days. I then have
to prepare a document to the court, explaining what it is that we’re asking for, giving
case law to support our claim from a legal standpoint and providing all the supporting
documentation to the judge as well. Then I have to take those documents, serve it on
the court, and deliver to the court, as well as deliver it to the attorneys who represent
New York City’s Health and Hospitals Corporation. The defense will then have an opportunity
to oppose our motion and explain to the court why, in their opinion, you are not supposed
(or you are not entitled) to get this permission to file a late claim. And then it will be
up to the judge to evaluate and decide whether or not you’re able to file a late claim.
So why do I share this information with you? I share it with you because chances are you’ve
suffered some type of injury at a municipal hospital here in the Greater New York metropolitan
area and you’re wondering whether or not your claim may be timely. Well, if your matter
happened here in the state of New York and you have these legal questions, what I encourage
you to do is pick up the phone and call me. I can answer legal questions. You can reach
me at 516-487-8207 or by email at lawmed10@yahoo.com. I’m Gerry Oginski, here in New York. Thanks
so much for watching.