Suing Westchester Medical Center: Special Notice of Claim Rules

About Westchester Medical Center

Westchester Medical Center is a 643-bed academic medical center in Valhalla, New York — and the flagship of the Westchester Medical Center Health Network (WMCHealth). Key facts: - Level I Trauma Center: WMC is the only Level I Trauma Center in the Hudson Valley — treating the most serious trauma cases from across the region. - Services: WMC offers a full range of services — including trauma care, emergency services, burn care (the only burn center between NYC and Albany), cardiac surgery, neurosurgery, transplant services, cancer treatment, and pediatric care (Maria Fareri Children's Hospital). - Network: WMCHealth includes multiple hospitals across the Hudson Valley — including MidHudson Regional Hospital, Good Samaritan Hospital, St. Anthony Community Hospital, and Bon Secours Community Hospital. - Affiliation: WMC is affiliated with New York Medical College — and serves as a teaching hospital.

Because WMC is a public benefit corporation — created under New York law — it is subject to special rules that differ from both private hospitals and municipal hospitals. [Link to: /hospital-negligence/private-vs-public-hospitals]

WMC Is a Public Benefit Corporation: What This Means

Westchester Medical Center is a public benefit corporation — a type of public entity created under New York law (specifically, the Westchester County Health Care Corporation Act). This status has critical implications for malpractice claims:

1. Shortened deadlines: As a public entity, WMC is subject to the notice of claim and statute of limitations requirements of General Municipal Law (GML) — even though it is not technically a municipality. This means: - A Notice of Claim must be filed within 90 days of the incident. - The statute of limitations is shortened to 1 year and 90 days (instead of the standard 2.5 years for private hospitals).

2. 50-h hearing: WMC has the right to demand a 50-h hearing — a sworn examination of the claimant by WMC's attorneys — before the lawsuit is filed. This is similar to the 50-h hearing process for NYC municipal hospitals.

3. Sovereign immunity considerations: As a public entity, WMC may have certain protections — but New York law allows malpractice claims against public hospitals, subject to the special rules.

4. Experienced defense: WMC is defended by experienced government attorneys who are familiar with the special rules and deadlines — and who will aggressively enforce them.

These special rules make suing WMC significantly different from suing a private hospital — and require an attorney who understands the public benefit corporation framework. [Link to: /wrongful-death/notice-of-claim-nyc] [Link to: /hospital-negligence/suing-nyc-h-h]

The 90-Day Notice of Claim Requirement

The most critical rule for suing Westchester Medical Center is the 90-day Notice of Claim requirement (GML § 50-e). Under this rule:

- You must file a Notice of Claim with WMC within 90 days of the date of the malpractice incident. - The Notice of Claim must include: - The name and address of the claimant - The nature of the claim - The time, place, and manner in which the injury occurred - The damages sought

If you miss the 90-day deadline, your claim is permanently barred — regardless of how strong your case is. There are very limited exceptions for late filing (GML § 50-e(5)) — but these require showing a reasonable excuse for the delay, that WMC had actual knowledge of the incident, and that the delay did not prejudice WMC's ability to investigate. These exceptions are narrow and discretionary — and you should never rely on them.

This is why it is absolutely critical to contact an attorney immediately if you believe you were injured by negligence at Westchester Medical Center. Your attorney needs time to: - Investigate the incident - Obtain and review medical records - Consult with medical experts - Prepare and file the Notice of Claim — all within 90 days

[Link to: /wrongful-death/notice-of-claim-nyc] [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]

The Shortened Statute of Limitations: 1 Year and 90 Days

In addition to the 90-day Notice of Claim, the statute of limitations for suing Westchester Medical Center is shortened to 1 year and 90 days from the date of the incident (GML § 50-i) — significantly shorter than the standard 2.5 years for private hospitals (CPLR § 214-a).

This means the lawsuit must be filed within 1 year and 90 days of the date of malpractice — not 2.5 years. Combined with the 90-day Notice of Claim requirement, the timeline is very compressed.

Important tolling considerations:

• 50-h hearing: The statute of limitations is tolled (paused) during the 50-h hearing process — but only for a limited time. The lawsuit must still be filed within the applicable deadline.
• Continuous treatment doctrine: The continuous treatment doctrine may extend the deadline — if you continued receiving treatment from the same WMC provider for the same condition. However, this doctrine is applied strictly against public entities.
• Infancy toll (for minors): CPLR § 208 may toll the statute of limitations for minors — but the 90-day Notice of Claim requirement still applies, and parents' claims for economic damages (medical expenses) are NOT tolled during the child's minority.
• Wrongful death: If the malpractice caused death, the wrongful death statute of limitations is 2 years from the date of death (EPTL § 5-4.1) — but the Notice of Claim must still be filed within 90 days of the incident. [Link to: /wrongful-death/statute-of-limitations]

The 50-h Hearing Process

After the Notice of Claim is filed, WMC has the right to demand a 50-h hearing (General Municipal Law § 50-h) — a sworn examination of the claimant by WMC's attorneys. The 50-h hearing is similar to a deposition — but it occurs before the lawsuit is filed.

Key points about the 50-h hearing:

• Timing: WMC must request the 50-h hearing within a certain period after receiving the Notice of Claim. The hearing is typically scheduled within 60-90 days.
• Purpose: The purpose is for WMC to investigate the claim — and to assess its validity before deciding whether to settle or defend.
• Sworn testimony: The claimant is placed under oath and questioned by WMC's attorneys. The testimony is transcribed and can be used in the subsequent lawsuit.
• Representation: The claimant has the right to be represented by an attorney at the 50-h hearing — and should absolutely have an attorney present. The attorney can object to improper questions and protect the claimant's rights.
• Scope: The questioning can cover the incident, the injuries, the medical treatment, and the damages sought.
• Tolling: The statute of limitations is tolled during the 50-h hearing process — but only for a limited time. Your attorney will ensure the lawsuit is filed within the applicable deadline.

Common Types of Negligence at Westchester Medical Center

As a high-volume regional medical center, negligence at WMC can occur across all departments:

• Trauma care errors: As the only Level I Trauma Center in the Hudson Valley, WMC handles the most serious trauma cases — and errors in trauma care can be catastrophic. [Link to: /er-errors/triage-errors]
• Emergency room errors: Failure to triage properly, misdiagnosis, delayed evaluation, and premature discharge. [Link to: /emergency-room-negligence-lawyer]
• Surgical errors: Wrong-site surgery, retained surgical objects, surgical injuries, anesthesia errors, and post-operative complications. [Link to: /surgical-error-lawyer] [Link to: /medical-malpractice/anesthesia-error]
• Birth injuries: At Maria Fareri Children's Hospital and the maternity service — failure to monitor fetal distress, delayed C-section, and birth injuries. [Link to: /birth-injury-lawyer] [Link to: /medical-malpractice/delayed-c-section]
• Burn center errors: Errors in burn treatment — including infection control, fluid management, and wound care.
• Medication errors: Wrong drug, wrong dose, wrong patient, and IV pump errors. [Link to: /medication-error-lawyer]
• Misdiagnosis and delayed diagnosis: Failure to diagnose cancer, stroke, heart attack, infection, or other serious conditions. [Link to: /misdiagnosis-lawyer] [Link to: /delayed-diagnosis-lawyer/new-york]
• ICU negligence: Failure to monitor critically ill patients, ventilator errors, and failure to prevent complications. [Link to: /medical-malpractice/icu-negligence]
• Hospital-acquired infections: Surgical site infections, central line infections, and sepsis. [Link to: /hospital-negligence/hospital-infections]
• Pediatric errors: Errors in pediatric care at Maria Fareri Children's Hospital — including medication dosing errors, misdiagnosis, and failure to monitor. [Link to: /misdiagnosis/pediatric-misdiagnosis-lawyer]

Proving Negligence Against WMC

To prove medical malpractice against Westchester Medical Center, you must establish the same four elements as any malpractice case — but within the special public entity framework:

1. Duty: WMC and its staff owed the patient a duty of care — established by the physician-patient or hospital-patient relationship.

2. Breach: The standard of care was breached — through errors in diagnosis, treatment, monitoring, or communication. Expert testimony is required to establish the standard of care and how it was breached.

3. Causation: The breach caused the patient's harm — not an underlying condition or an unavoidable complication.

4. Damages: The patient suffered quantifiable harm — including medical expenses, lost wages, pain and suffering, disability, or death.

Under CPLR § 3012-a, a certificate of merit is required — confirming that a qualified medical expert reviewed the case and found a reasonable basis for the claim. [Link to: /medical-malpractice/certificate-of-merit]

Critical: All of this must be done within the special public entity deadlines — 90-day Notice of Claim and 1 year and 90 days statute of limitations. Contact an attorney immediately if you believe you were injured at WMC. [Link to: /medical-malpractice/do-i-have-a-medical-malpractice-case]

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.