{"id":961,"date":"2016-07-23T07:14:06","date_gmt":"2016-07-23T12:14:06","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=961"},"modified":"2020-03-19T09:58:29","modified_gmt":"2020-03-19T14:58:29","slug":"woman-fails-provide-required-notice-medical-malpractice-claim-resulting-dismissal","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/woman-fails-provide-required-notice-medical-malpractice-claim-resulting-dismissal\/","title":{"rendered":"Woman Fails to Provide Required Notice in Medical Malpractice Claim, Resulting in Dismissal"},"content":{"rendered":"

In a recent case<\/a>, a medical malpractice plaintiff had his case dismissed based on a procedural error. A boy was born prematurely by an emergency C-section surgery, and then he was transferred to the neonatal intensive care unit. He stayed in the unit for two months and was then discharged in stable condition. A year and a half later, a notice of claim was brought against the hospital for failing to properly treat and care for his mother prenatally and for failing to obtain informed consent regarding the boy\u2019s care. The claim alleged that the boy suffered brain damage, development, speech, and psychomotor delays, cognitive defects, and respiratory distress and seizure disorder as a result.<\/p>\n

The plaintiff filed the claim in court another year and a half later, and four months later he sought permission to serve a late notice of claim on the defendants. The court dismissed the case for failing to provide timely notice to the hospital.<\/p>\n

The state\u2019s laws required that a notice of claim be served on a public corporation within 90 days of the claim arising. In medical malpractice cases, the relevant time is when a negligent act or omission occurred. Here, the plaintiff failed to serve notice within the required 90 days after the hospital provided negligent care. The court could have extended the time to serve notice and allow late notice in certain circumstances\u2014for example, if the public corporation had knowledge of the essential facts constituting the claim. However, in this case, the plaintiff\u2019s attorney stated that he waited to make the motion to request serving notice because he needed to receive the medical records from the hospital.<\/p>\n

Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

In a recent case, a medical malpractice plaintiff had his case dismissed based on a procedural error. A boy was born prematurely by an emergency C-section surgery, and then he was transferred to the neonatal intensive care unit. He stayed in the unit for two months and was then discharged in stable condition. A year […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[],"class_list":["post-961","post","type-post","status-publish","format-standard","hentry","category-medical-malpractice-case-law"],"yoast_head":"\nWoman Fails to Provide Required Notice in Medical Malpractice Claim, Resulting in Dismissal — Illinois Injury and Mass Tort Lawyer Blog — July 23, 2016<\/title>\n<meta name=\"description\" content=\"In a recent case, a medical malpractice plaintiff had his case dismissed based on a procedural error. 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