The Notice of Claim Deadline: Suing NYC Health + Hospitals vs. Private Facilities

What Is a Notice of Claim?

A notice of claim is a formal written document that notifies a municipal corporation (such as the City of New York) that you intend to file a lawsuit against it. The notice of claim must be filed within a specific time period -- typically 90 days from the date of the negligent act.

The purpose of the notice of claim is to give the municipal corporation an opportunity to investigate the claim before a lawsuit is filed. The notice of claim must include:

• The name and address of the claimant
• The nature of the claim -- a description of what happened and how the claimant was injured
• The time, place, and manner in which the injury occurred -- the date, time, location (which hospital), and a description of the negligence
• The damages sought -- the nature and extent of the injuries

Which Hospitals Require a Notice of Claim?

The notice of claim requirement applies to municipal hospitals -- hospitals that are owned and operated by the City of New York. These are part of the NYC Health + Hospitals (H+H) system and include:

• Manhattan: Bellevue Hospital, Harlem Hospital, Metropolitan Hospital
• Brooklyn: Kings County Hospital Center, Coney Island Hospital, Woodhull Medical Center
• Bronx: Jacobi Medical Center, Lincoln Medical Center
• Queens: Elmhurst Hospital Center, Queens Hospital Center
• Staten Island: Gotham Health, Cumberland (behavioral health)

Private Hospitals: No Notice of Claim Required

The notice of claim requirement does not apply to private hospitals. New York City private hospitals include:

• Manhattan: NewYork-Presbyterian, NYU Langone, Mount Sinai, Memorial Sloan Kettering, Lenox Hill (Northwell)
• Brooklyn: Maimonides, NewYork-Presbyterian Brooklyn Methodist, NYU Langone Hospital--Brooklyn, Mount Sinai Brooklyn
• Bronx: Montefiore Medical Center, St. Barnabas Hospital
• Queens: NewYork-Presbyterian Queens, Mount Sinai Queens, Jamaica Hospital, Flushing Hospital
• Long Island: North Shore University Hospital, Long Island Jewish Medical Center, NYU Langone Hospital--Long Island, Stony Brook University Hospital

The 90-Day Deadline

Under General Municipal Law Section 50-e, you must file a notice of claim within 90 days of the negligent act. This is a much shorter deadline than the general 2.5-year statute of limitations for medical malpractice (CPLR 214-a).

The 90-day deadline is strict. If you miss it, you may lose your right to sue the municipal hospital entirely. This is one of the most common traps in New York medical malpractice law -- patients who wait too long to contact a lawyer may find that their 90-day deadline has already passed.

Key considerations:

• Date of the negligent act: The 90-day clock starts on the date of the negligence, not the date you discovered the harm.
• No extensions for discovery: Unlike Lavern Law (which extends the statute of limitations for cancer cases based on the date of discovery), the notice of claim deadline is not extended based on when you discovered the harm. [Link to: /misdiagnosis/laverns-law]
• Weekends and holidays: If the 90th day falls on a weekend or holiday, the deadline is extended to the next business day.

Late Notice of Claim: The 1-Year, 90-Day Outer Limit

If you miss the 90-day deadline, you may be able to apply for leave to file a late notice of claim under General Municipal Law Section 50-e(5). The court has discretion to grant leave to file a late notice of claim, but there is an outer limit of 1 year and 90 days from the date of the negligent act. After this deadline, you cannot sue the municipal hospital at all.

The court will consider several factors when deciding whether to grant leave to file a late notice of claim:

• Whether the city acquired actual knowledge of the facts within the 90-day period -- for example, through an incident report or the medical records themselves.
• Whether the city was prejudiced by the delay -- for example, if evidence was lost or witnesses forgot what happened.
• The reason for the delay -- for example, if the claimant was incapacitated and could not file sooner.
• Whether the claimant was represented by counsel during the delay -- if the claimant was represented by a lawyer who missed the deadline, the court may be less sympathetic.
• Whether the claim is meritorious -- the court may consider whether the claim has merit.

The 50-h Hearing

After you file a notice of claim against NYC Health + Hospitals, H+H may demand a 50-h hearing to examine the claim before a lawsuit is filed. The 50-h hearing is named after General Municipal Law Section 50-h, which gives the municipal corporation the right to examine the claimant under oath before a lawsuit is filed.

At the 50-h hearing:

• You will be questioned under oath by an attorney for H+H (typically from the New York City Law Department, also known as the Corporation Counsel).
• Your attorney will represent you at the hearing and can object to improper questions.
• The hearing is transcribed by a court reporter, and the transcript can be used in the subsequent lawsuit.
• The purpose of the hearing is to allow H+H to investigate the claim and assess its merits before deciding whether to settle or defend.

After the Notice of Claim: The 2.5-Year Statute of Limitations

Filing a notice of claim is not the same as filing a lawsuit. After filing the notice of claim and attending any 50-h hearing, you must still file a lawsuit within the 2.5-year statute of limitations for medical malpractice (CPLR 214-a).

Key considerations:

• 2.5-year statute of limitations: The lawsuit must be filed within 2.5 years of the date of the negligent act (CPLR 214-a).
• Continuous treatment doctrine: If you continued to receive treatment from the same hospital/provider for the same condition, the statute may be extended.
• Wrongful death: If the negligence caused death, the wrongful death claim must be filed within 2 years of the date of death. [Link to: /wrongful-death-lawyer]
• Infancy toll: If the patient was a minor, the statute of limitations is tolled until the child 18th birthday. [Link to: /cerebral-palsy-lawyer/statute-of-limitations]

Why the Notice of Claim Is a Critical Trap

The 90-day notice of claim requirement is one of the most common traps in New York medical malpractice law. Many patients are unaware of this deadline and wait too long to contact a lawyer. By the time they do, the 90-day deadline may have already passed.

Common scenarios where the notice of claim deadline is missed include:

• The patient is recovering from their injuries and is not focused on legal deadlines.
• The patient is grieving the death of a loved one and is not thinking about legal action.
• The patient does not realize that the hospital where they were treated is a municipal hospital.
• The patient is shopping for a lawyer and by the time they retain one, the deadline has passed.
• The patient assumes they have 2.5 years to file, not realizing that the 90-day notice of claim deadline applies.

How to Protect Your Rights

To protect your rights if you were harmed at a municipal hospital:

• Contact a lawyer immediately: Do not wait. The 90-day deadline is strict and can be missed quickly.
• Identify the hospital: Determine whether the hospital where you were treated is a municipal hospital (NYC Health + Hospitals) or a private hospital. [Link to: /hospital-negligence/suing-nyc-h-h]
• Preserve evidence: Obtain your medical records, take photographs of injuries, and keep a journal of your symptoms and treatment. [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• Do not give statements: Do not give statements to hospital representatives or insurance companies without consulting a lawyer first.
• File the notice of claim: If the hospital is municipal, your lawyer will prepare and file the notice of claim within the 90-day deadline.

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.