Appellate Division, Fourth Department
Mancuso v. Kaleida Health, et al.
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced a wrongful death action alleging that the defendant’s negligence was the cause of the decedent’s death. The plaintiff also alleged that the defendant Twin City Ambulance Corporation failed to deliver to the hospital a medication list that had been prepared by a member of the decedent’s family. Twin City moved to dismiss the plaintiff’s cause of action as untimely and was denied.
Ruling: The Appellate Division affirmed. The court found that, although the failure to adequately deliver a patient’s medical history to a treating physician is a claim in medical malpractice, this cause of action sounds in ordinary negligence which is governed by a three-year statute of limitations. Therefore, this cause of action is timely and an affidavit of merit unnecessary.
Phyliss A. Hafner of Macdonald & Hafner for the defendant-appellant; David W. Olson of Brown Chiari for the plaintiff-respondent