Tag Archives: statute of limitations

G&S Obtains Dismissal of Med-Mal Wrongful Death Action for Lack of Jurisdiction

Plaintiff brought wrongful death action alleging medical malpractice of our client, an internist, based on his alleged failure to detect and treat the plaintiff’s brain and lung cancer.

We moved based on our defense our client was never properly served with process at her actual residence or place of business.  Initial service was made at a hospital where she had formerly worked and later served at a condominium she owned, but had always leased to a tenant.   Plaintiff never effectively refuted our claim of lack of service, and, in fact, cross-moved for our client’s proper address for re-service.  The issue of service was of critical importance because the statute of limitations had expired. Continue reading

Chiropractic Malpractice Does not Qualify for Medical Malpractice 2 1/2 Year Statute of Limitations

In an important decision to those involved in the field of chiropractic malpractice, the First Department decided on February 6, 2014 in the case Perez v. Fitzgerald, that the 2½ statute of limitations for medical, dental and podiatric malpractice (CPLR 214-a) does not automatically apply to chiropractic malpractice actions.

Ms. Perez sued her chiropractor Fitzgerald, for failure to diagnose a tumor in her neck.  She had originally presented to him in May 2005 after a car accident complaining of neck pain.  He ordered an MRI and reviewed the radiologist’s report which indicated she had a number of herniated/bulging discs with no mention of a tumor. Continue reading