Torres v. New York City Health & hospitals Corp.

In this action for medical malpractice, the infant plaintiff seeks to recover for injuries he suffered after being born extremely premature, at 25 weeks’ gestation, weighing only one pound, nine ounces. The motion court properly exercised its discretion in denying plaintiffs motion upon consideration of the pertinent statutory factors (General Municipal Law § 50-e [5]). The infant plaintiffs mother’s excuse that she was unaware that she had a malpractice claim until more than six years after plaintiff’s birth is unreasonable (see Plaza v New York Health & Hosps. Corp. [Jacobi Med. Ctr.], 97…