On June 6, 2019 the appellate court handling appeals from Bronx County affirmed a trial court Judge who allowed a brain damaged baby leave to file a late notice of claim - even though there was no reasonable excuse offered for the delay. It was found that the New York City Health & Hospitals Corporation had actual knowledge of the basic facts of the claim within the 90 day time deadline for filing notice of such claims.
The hospital chart from Jacobi Medical Center documented that the infant had "extensive areas of infarct" after her "head wedged into [the mother's] pelvis due to prolonged second stage" as confirmed by an MRI. The Court also found that the petition for leave to serve a late notice did not require an expert affidavit from a physician as the hospital chart had sufficient facts to support the malpractice claim. Katshana v New York City Health & Hospitals Corporation, 2019 WL 2375058