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Emotionally Extremely Disturbed - Please Tell Me I Did Not Have Only 90 Days To File A Notice Of Intention To File Claim !

marielovesashley

Asked by marielovesashley,

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marielovesashley Contributor

marielovesashley

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In New York State, if the medical malpractice / negligence occurred at a municipal hospital, such as one of the members of the New York City Health and Hospital Corporation or a County Hospital such as Nassau County Medical Center there are very strict periods much shorter in length. A Notice of Claim has to be filed with the municipality within 90 days of an event and a lawsuit must be started within one year and 90 days. At a hospital operated by the State of New York, such as Down state Medical Center in Brooklyn, Stonybrook University Hospital in Suffolk County or Upstate Medical Center in Syracuse a Notice of Intention to File Claim must be made within 90 days of the event and with the State of New York in the Court of Claims within two years.

Source:

http://www.ask4sam.net/glossary.html

Questions:

1) In the County - Even if they I fought like hell to get all the documentation and they finally send me all the documentation March 20th, 2007 (U.S. post stamp) ? (I have proofs that they took their time - emails sent)

2) A hospital operated by the State of New York - is a VA hospital considered to operated by the State? I notified the Congressman McHugh as soon as December 19th, 2006 and he forwarded the informations to the Department of Veterans Affairs?

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Philip Rogers Grand Master

Philip Rogers

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In New York State, if the medical malpractice / negligence occurred at a municipal hospital, such as one of the members of the New York City Health and Hospital Corporation or a County Hospital such as Nassau County Medical Center there are very strict periods much shorter in length. A Notice of Claim has to be filed with the municipality within 90 days of an event and a lawsuit must be started within one year and 90 days. At a hospital operated by the State of New York, such as Down state Medical Center in Brooklyn, Stonybrook University Hospital in Suffolk County or Upstate Medical Center in Syracuse a Notice of Intention to File Claim must be made within 90 days of the event and with the State of New York in the Court of Claims within two years.

Source:

http://www.ask4sam.net/glossary.html

Questions:

1) In the County - Even if they I fought like hell to get all the documentation and they finally send me all the documentation March 20th, 2007 (U.S. post stamp) ? (I have proofs that they took their time - emails sent)

2) A hospital operated by the State of New York - is a VA hospital considered to operated by the State? I notified the Congressman McHugh as soon as December 19th, 2006 and he forwarded the informations to the Department of Veterans Affairs?

VA is federal and state laws don't effect them. As proof, you don't pay state sales tax on federal properties.

pr

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Berta Grand Master

Berta

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If you contacted any Congressional office or anyone whatsoever regarding malpractice in a private hospital- a good malpractice lawyer can help to use that fact as a Letter of Intent-meaning Notice of claim.

I think a good malpractice lawyer could help you there considerably.

We have advised on how to handle malpractice in VA hospitals-

I understood your husband was in the VAMC in ALbany and Also VAMC in SYracuse.

If you believe these VA hospitals committed malpractice I already gave you the forms and advise you need.

If you are filing suit against "Upstate" -some of these doctors are from the University of Syracuse and become under the auspices of VA the minute they step into the Syracuse VAMC and treat veterans.

I named "Upstate doctors" when I sued-

They fully came under the VA criteria as practicing medicine in the VA for the VA.I think they taught at UPstate and that was the connection.

You have numerous issues-many beyond the scope of the VA issues. we can only help with the forms you need-as we have done-- and offer support as you wait out those VA claims.

They could take years to be resolved.

You need to get a good malpractice lawyer in the state of New York.

I posted a link to find these lawyers the other day.

VA does not run state hospitals- each VAMC is run by the federal gov.

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Berta Grand Master

Berta

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PS-I just contacted this firm on line-and

asked a generic question for you regarding malpractice and NYS hospitals but they asked for more info-

they will have a pop up window and direct your questions right to an attorney- it is best if you contact them yourself- because I expected a generic answer and they go one to one on the actual situation.

www.weitzlux.com/hospitalmalpracticelawsuit/newyorkcomplaintsny_4675.html - Similar pages

They also have a list of NYS hospitals where malpractice has occurred.

PS-I just contacted this firm on line-and

asked a generic question for you regarding malpractice and NYS hospitals but they asked for more info-

they will have a pop up window and direct your questions right to an attorney- it is best if you contact them yourself- because I expected a generic answer and they go one to one on the actual situation.

www.weitzlux.com/hospitalmalpracticelawsuit/newyorkcomplaintsny_4675.html - Similar pages

They also have a list of NYS hospitals where malpractice has occurred.

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marielovesashley Contributor

marielovesashley

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You guys are far more quick than Attorneys ! :D

I was always on the verge to vomit - even if I did not - because of the high stress level. I was pucking the first weeks of my husband's death and I lost 15 pounds in no time.

It's actually 4:17 p.m. according to the clock on my computer and I did not take my lunch yet.

Thank you for your efficient & kind help!

Marie

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Berta Grand Master

Berta

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Posted

Please read over the NYS laws again in the Answer Sam Marie-

those 90 days only involve certain NYS hosps as I understand it.

There are many malpractice firms on the net and I was surprised that a real person asked me immediately in the pop up-for more info and could direct me to the proper NY lawyer- at the site I gave you-

then again many of the Med Opinion sites have that feature too- one to one immediate help about Independent medical opinions.

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Speaking Out Rising Star

Speaking Out

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I think this might help. The VA is under Federal Jurisdiction...I just settled a FTC for medical malpractice at the VA. The amount you can ask for is sometimes limited by state law though.

Here is the name of an attorney in Buffalo, New York.

Gannon, Gannon & Sullivan

Address: 618 Brisbane Bldg.

Buffalo, NY 14203-2187

Phone: (716) 856-4091

Fax: (716) 856-0621

Gordie Gannon is the name of the attorney. He is retired military and I got his name from Gene Simes from OFFE

Title 28 U.S.C. 2401(:D requires the claimant both to file the claim with the agency within two years after accrual of the claim and then to file a complaint in the District Court within six months after the agency denies the claim.

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