Filing a CP Notice of Claim Against NYC Health + Hospitals

The 90-Day Notice of Claim Requirement

Under New York General Municipal Law § 50-e, any claim against a municipal entity — including NYC Health + Hospitals and its hospitals — must be preceded by a Notice of Claim filed within 90 days of the date the claim arose (typically the date of the birth injury).

The Notice of Claim is filed with: - The Comptroller of the City of New York - NYC Health + Hospitals (the municipal hospital corporation)

The 90-day deadline is strict. If you miss it, you may be able to petition the court for permission to file a late Notice of Claim — but the court has discretion to deny late filings, and the longer you wait, the harder it becomes. The court may grant permission if: - The municipality acquired actual knowledge of the facts within the 90-day period (e.g., through medical records or incident reports) - The municipality was not substantially prejudiced by the delay - The claimant has a reasonable excuse for the delay

Do not rely on the possibility of a late filing. Contact a lawyer immediately to ensure the Notice of Claim is filed within 90 days.

What Must Be in the Notice of Claim

The Notice of Claim must include: - Name and address of the claimant(s): The injured child and the parents. - Nature of the claim: A description of what happened — when the birth injury occurred, where it occurred (which hospital), and how it happened (the negligence alleged). - Damages suffered: The injuries and losses resulting from the negligence — including the cerebral palsy diagnosis, medical expenses, and other damages. - Time and place where the claim arose: The date and location of the birth injury.

The Notice of Claim must be sworn to (notarized) and must be served on the Comptroller and NYC Health + Hospitals. An experienced attorney prepares and files the Notice of Claim to ensure it meets all legal requirements.

The 50-h Hearing

After the Notice of Claim is filed, the municipality has the right to request a '50-h hearing' — a pre-lawsuit hearing where the claimant is examined under oath about the details of the claim. The hearing is conducted by a court reporter, and an attorney for the municipality asks questions.

The 50-h hearing is similar to a deposition but occurs before the lawsuit is filed. Topics typically include: - The pregnancy and prenatal care - The labor and delivery - The birth injury and subsequent care - The child's current condition and needs - The family's damages

Your attorney will prepare you for the 50-h hearing and represent you at it. It is important to be well-prepared — your testimony at the 50-h hearing can be used later in the lawsuit.

Shortened Statute of Limitations

In addition to the 90-day Notice of Claim requirement, claims against NYC Health + Hospitals are subject to a shortened statute of limitations under GML § 50-i:

- 1 year and 90 days from the date of the injury to file a lawsuit

This is significantly shorter than the 2.5 years allowed for private hospital claims under CPLR § 214-a.

For birth injuries involving minors, the infancy toll (CPLR § 208) may extend the child's deadline — but the interplay between GML § 50-i and CPLR § 208 is complex and has been the subject of extensive litigation. Do not assume you know the deadline — contact an attorney immediately to determine the exact deadline for your case.

Parents' claims for economic damages are subject to the 1-year-and-90-day deadline and are not tolled during the child's minority. [Link to: /cerebral-palsy-lawyer/statute-of-limitations]

Which Hospitals Are Municipal?

NYC Health + Hospitals operates 11 acute-care hospitals, all of which are municipal and subject to the Notice of Claim requirement:

• Bellevue Hospital (Manhattan)
• Harlem Hospital (Manhattan)
• Metropolitan Hospital (Manhattan)
• Lincoln Hospital (Bronx)
• Kings County Hospital (Brooklyn)
• Coney Island Hospital (Brooklyn)
• Jacobi Medical Center (Bronx)
• North Central Bronx Hospital (Bronx)
• Queens Hospital Center (Queens)
• Elmhurst Hospital (Queens)
• Woodhull Hospital (Brooklyn)

Building Your Municipal Hospital CP Case

To build a successful cerebral palsy case against a NYC Health + Hospitals facility, MDLaw Firm will:

1. File the Notice of Claim within 90 days. This is the most time-critical step. We prepare and file the Notice of Claim immediately.

2. Prepare for the 50-h hearing. We prepare you for the hearing and represent you at it.

3. Obtain complete medical records. NYC Health + Hospitals uses Epic electronic medical records. We obtain prenatal, labor and delivery, fetal monitoring strips, NICU, and imaging records.

4. Consult with medical experts. Board-certified obstetricians, neonatologists, and pediatric neurologists review the records.

5. File the lawsuit within 1 year and 90 days.

6. Pursue discovery and trial preparation.

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.