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Lang-Salgado v. Mount Sinai Med. Ctr., Inc.
Citation: 2018 NY Slip Op 248Docket: 156497/15 5330 5329
Court: Appellate Division of the Supreme Court of the State of New York; January 15, 2018; New York; State Appellate Court
Original Court Document: View Document
Terry Lang-Salgado, the plaintiff, appealed a judgment from the Supreme Court of New York County that dismissed her medical malpractice complaint against Mount Sinai Medical Center, stemming from injuries incurred on July 5, 2012, when she fell from a stretcher during an X-ray procedure. The Appellate Division affirmed the dismissal, ruling that the complaint was time-barred under CPLR 214-a, as the conduct of the X-ray technician was deemed to be directly related to medical treatment. The court found that the plaintiff's claims of negligent hiring and failure to establish safety protocols were also time-barred, as they were merely reformulations of the original malpractice claim and did not relate back to the original complaint under CPLR 203(f). The proposed claims were deemed to arise from different facts, which did not provide sufficient notice for the defendant regarding the new allegations. The court upheld the lower court's discretion in denying the plaintiff's motion to amend the complaint, concluding that the allegations failed to meet the necessary legal requirements for timeliness.