[DOWNLOAD] "Minnie M. Wear v. State New York" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Minnie M. Wear v. State New York
- Author : Supreme Court of New York
- Release Date : January 11, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
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[33 A.D.2d 886 Page 886] Memorandum: Defendant appeals from an order of the Court of Claims granting claimant leave to file a late claim for the
loss of consortium resulting from injuries inflicted on her husband by malpractice of defendant's hospital employees. The
husband was a patient in State University Hospital from July 2, 1966 to September 21, 1966. He filed a notice of intention
to file a claim on December 15, 1966 and filed a claim on July 19, 1967 alleging that injuries were inflicted upon him during
his hospitalization. On October 15, 1968, more than two years after her husband was discharged from the hospital on September
21, 1966, the wife, claimant-respondent herein, moved pursuant to subdivision 5 of section 10 of the Court of Claims Act for
an order permitting her to file a claim. Such a motion cannot be granted, unless it is made within two years after accrual
of the claim. A cause of action for malpractice accrues at the end of the course of treatment which includes the wrongful
acts or omissions complained of. (Borgia v. City of New York, 12 N.Y.2d 151; Richmond v. Capers, 30 A.D.2d 976.) It is difficult
to determine on the affidavits submitted in support of and in opposition to the motion whether such course of treatment terminated
on September 21, 1966, when the husband left the hospital or on December 23, 1966 when he was examined at the hospital's Communication
Disorder Unit for evaluation of his symptoms or on March 8, 1967 when his speech therapy sessions were concluded. The order
should be amended to provide that the question may be raised again [33 A.D.2d 886 Page 887]