The petitioner failed to show that HHC had actual notice of the claim within 90 days of its accrual, or within a reasonable time thereafter. HHC's records of the petitioner's treatment, on their face, do not show any negligence, malpractice or injury to the petitioner, and the petitioner does not submit a physician's affirmation to make such a showing. HHC's mere possession of medical records, in and of itself, does not establish a lack of prejudice if the petition were granted. Because the petitioner offered no other basis for the lack of prejudice to HHC, the burden never shifted to HHC to show prejudice from the delay. Neither does the petitioner provide any specific information or medical evidence to support a claim that the delay was reasonable.
Matter of Atkinson v. New York City Health & Hosps. Corp., NY Slip Op 03609 (1st Dep't June 25, 2020)
Here is the decision.
