The law that applies to your claim
Where care is delivered here
White Plains Hospital on Davis Avenue, Westchester Medical Center in nearby Valhalla as the regional trauma and tertiary center, Burke Rehabilitation for neurological and orthopaedic recovery, and a dense concentration of specialist and surgical practices downtown and along Bloomingdale Road.
🔴 Establish whether the facility is public
This is the first question in any Westchester malpractice case, and it is not answerable from the name. A claim involving a public or municipal facility generally requires a notice of claim within 90 days under General Municipal Law §50-e, with a much shorter period to sue than the ordinary two and a half years.
The rest of the law
Deadlines, the certificate of merit and what has to be proved are covered on our New York medical malpractice page.
Transfers make the record harder to assemble
Serious cases here often move: presenting at White Plains Hospital, transferred to Westchester Medical Center, then on to Burke for rehabilitation. Each is a separate custodian with separate records and separate release requirements.
Handoffs are also where information is lost — a finding noted at one facility that never reached the team at the next. Assembling the complete picture across all of them is a substantial part of the early work, and it is where these claims are often found.
Get everything, not the summary
Under Public Health Law §18 you are entitled to your complete record from each facility. Request the full chart — nursing notes, triage records, imaging and the actual studies, laboratory results, medication administration records, operative and anesthesia records, and the electronic audit trail.
The audit trail shows who opened a result and when. Where an abnormal finding was never viewed, that is frequently the case.
Where these cases are heard
Westchester County Supreme Court at 111 Dr. Martin Luther King Jr. Boulevard. Malpractice matters move slowly — expert review before filing, then extensive discovery — and local practice on scheduling and settlement conferences shapes the realistic timeline. We will give you that timeline honestly at the start.
How long you have to act
- Three years from the date of the accident for most negligence claims (CPLR §214).
- Two years for wrongful death (EPTL §5-4.1).
- 90 days to serve a notice of claim where a city, county, school district, transit authority or other public body is involved (General Municipal Law §50-e), with suit generally within one year and 90 days.
The 90-day rule is the one that quietly ends otherwise strong cases. If a public entity may be involved, that is the first thing to check — not the last.
What it costs
Nothing up front. These cases are handled on contingency: there is no fee unless we win, and the consultation is free. You will be told the percentage and how expenses are handled, in writing, before you sign anything.
Common questions
Is White Plains Hospital a public hospital?
The answer determines whether a 90-day notice of claim applies, and it should be confirmed rather than assumed for any facility involved in your care. It is the first thing we check.
My treatment spanned several hospitals.
That is typical for serious cases in this county. Each facility’s records are obtained separately, and the handoffs between them are often where the departure occurred.
My doctor still treats me. Does that affect the deadline?
It may. The continuous treatment doctrine can extend the period where you remain under care for the same condition, but it is fact-specific and should not be relied on without review.
