Kramer, Dillof, Livingston & Moore (KDLM) represents patients and families in New York City in malpractice and wrongful death cases, including claims against public hospitals. Many cases involving the City or NYC Health & Hospitals require a written notice of claim, often within 90 days — much shorter than the usual 2½-year statute. Call (212) 618-6800.
What is a notice of claim in a New York City medical malpractice case?
A notice of claim is a formal written notice that New York law often requires before a lawsuit can be brought against a municipality or certain public entities. For many City and public-hospital claims, the governing provisions include General Municipal Law § 50-e (how and when the notice is served) and related sections that address the content of the notice and the later lawsuit. Official text: GML § 50-e. The New York City Comptroller also explains that personal-injury notices of claim against the City must be properly served within 90 days. Missing the notice deadline can end a claim even if the later statute of limitations has not yet run.
How is the 90-day notice different from the 2½-year malpractice statute?
Claims against many private hospitals and private physicians in New York are generally subject to the two-year-and-six-month medical malpractice statute of limitations in CPLR 214-a (with special rules, including Lavern’s Law for some cancer-diagnosis claims). Claims against the City or public hospitals can also require a notice of claim, commonly within 90 days after the claim arises. Both clocks can matter in the same case. A lawyer has to identify every defendant — private attending, private hospital, public hospital, or City agency — before dating the deadlines.
How do NYC Health & Hospitals (HHC) cases fit in?
New York City Health & Hospitals operates public hospitals and clinics in the city. Claims arising from care at those facilities often involve public-entity notice rules in addition to malpractice statutes of limitations. KDLM’s medical-malpractice practice page states that the firm secured the largest settlement against the New York City Health & Hospitals Corporation. This article does not add a dollar amount for that settlement, because a specific figure was not verified on the live pages reviewed today. Past results do not predict another case.
On Landmark Verdicts, KDLM also publishes a $121 million verdict in a brain-injury case involving New York City public hospitals. That published result is already on the firm site and should be described in the site’s own words if it is used in the live post.
What should a notice of claim generally include?
The statute and the particular public entity’s rules control the required contents and the method of service. In general, notices identify the claimant, the time and place of the events, the nature of the claim, and the injuries alleged. Getting the entity name, service method, and facts right is technical work. This article is not a do-it-yourself form and is not a substitute for counsel calculating the 90-day date from the records.
What if the 90 days have already passed?
New York law sometimes allows a late notice of claim to be authorized by a court, but leave is discretionary, fact-specific, and time-limited. Do not assume a late notice will be excused. Call (212) 618-6800 so a lawyer can review whether any application is still possible and whether private defendants with a longer statute also have to be considered. Wrongful death claims have a separate two-year deadline and can still involve a notice of claim against a public entity.
What records and legal issues come up with a late notice of claim?
A medical malpractice claim against a public hospital still depends on the medical records, the standard of care, and proof of medical negligence. The notice of claim is an added step in many New York City public-entity cases. A late notice of claim may sometimes be addressed through a court application, but the standards are specific and time-sensitive. The continuous treatment doctrine can also affect the malpractice lawsuit deadline in some private or public settings; it should be evaluated on the chart, not assumed.
KDLM’s medical malpractice attorney team reviews both the notice issues and the underlying malpractice claims. Call (212) 618-6800 promptly if public-hospital care may be involved. This is general information, not a promise that a late notice will be excused.
For a free consultation about a possible New York City notice-of-claim or public-hospital malpractice matter, call (212) 618-6800 or contact Kramer, Dillof, Livingston & Moore at 217 Broadway, 10th Floor, New York, NY 10007. For qualifying matters, there is no fee unless we win. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.
How is a notice of claim different from filing a medical malpractice lawsuit?
The notice is a pre-suit requirement in many public-entity cases. It is not the same as a medical malpractice lawsuit. After the notice stage, a plaintiff may still need to file a lawsuit within the separate statute of limitations that governs malpractice in New York. Missing the later deadline can end a malpractice action even if a timely notice was served.
A New York medical malpractice lawyer or injury lawyer handling a related personal injury file should track both clocks. Lawsuits in New York against private medical professionals may not need this public-entity notice, but the date of the malpractice still matters.
What happens after a notice of claim is filed, including a 50-h hearing?
Under General Municipal Law 50-h, a city or public hospital may demand an examination of the claimant before a New York medical malpractice suit proceeds. This 50-h hearing is a sworn statement about the care and the injuries. Official text: GML 50-h.
Families often ask whether they can bring records to that hearing. Counsel usually prepares the claimant, reviews the chart in advance, and decides what to take. A 50-h is not a trial, but testimony can be used later. Do not treat it as informal.
What evidence should I gather for a New York medical malpractice claim?
Malpractice claims still turn on the medical records, expert review of accepted medical standards, and proof that a medical error caused harm. Gather discharge papers, imaging, bills for medical expenses, and a timeline of visits. A qualified medical expert, not the notice papers alone, usually addresses the standard of care in a later new york malpractice case.
KDLM reviews medical malpractice in New York matters, including public-hospital files, at (212) 618-6800.
NYC notice of claim for medical malpractice: FAQ
How long do I have to file a notice of claim against a NYC public hospital?
Many notices of claim against New York City or public hospitals must be served within 90 days. The exact date depends on when the claim arose and which entity is involved. A lawyer should calculate it from the records.
Is the 90-day notice the same as the 2½-year medical malpractice statute?
No. The 2½-year period in CPLR 214-a is the usual lawsuit deadline for many private malpractice claims. A notice of claim is an additional, often much shorter, requirement that can apply to public entities, including some NYC Health & Hospitals facilities.
Has KDLM handled claims involving New York City public hospitals?
Yes. KDLM states that it secured the largest settlement against the New York City Health & Hospitals Corporation, and it publishes a $121 million verdict in a brain-injury case involving New York City public hospitals. Past results do not predict a future outcome.
How do I contact KDLM about a possible notice-of-claim deadline?
Call (212) 618-6800 or contact Kramer, Dillof, Livingston & Moore at 217 Broadway, 10th Floor, New York, NY 10007. Do not wait if public-hospital care may be involved.
Do I need a lawyer to file a notice of claim?
The law does not always require a lawyer to serve the notice, but the 90-day clock, service rules, and later 50-h hearing make early counsel important. A medical malpractice attorney can also watch the separate lawsuit deadline. Call (212) 618-6800 if public-hospital care may be involved.
Can I bring medical records to the 50-h hearing?
Often yes, and counsel usually decides what to bring after reviewing the chart. The hearing is a sworn examination, not a casual interview. Ask your lawyer how to prepare and whether the records should be at hand.
Does New York cap medical malpractice damages?
New York does not generally impose a statutory cap on medical malpractice damages the way some states do. Appellate review and other rules can still affect an award. This is general information; confirm current law with counsel.
Sources
- General Municipal Law § 50-e (NYS Senate official text): https://www.nysenate.gov/legislation/laws/GMU/50-E
- CPLR 214-a: https://www.nysenate.gov/legislation/laws/CVP/214-A
- Live medical-malpractice-lawyer page, 10 Nov 2026: number-one firm in the Medical Malpractice Hall of Fame; second- and third-largest medical malpractice verdicts in New York history; largest settlement against the New York City Health & Hospitals Corporation
- Live Landmark Verdicts package: $121 million verdict, brain injury, New York City public hospitals