Friday, March 29, 2013

Court Applies Relation Back Doctrine Where Plaintiffs Were Negligent In Failing To Add Doctor Sooner

In Kirk v. University OB-GYN Associates, Inc., the plaintiffs commenced a medical malpractice action for injuries to their infant during delivery, but did not correctly name the doctor that delivered their infant. After the statute of limitations expired, the plaintiffs moved to add the doctor that delivered the infant, claiming that they learned who delivered the infant after filing the complaint.  At issue was whether the amendment was timely under the relation back doctrine. The Fourth Department concluded that plaintiffs were entitled to relation back because "even if [plaintiffs] were negligent, there was still a mistake by plaintiffs" in failing to identify the right doctor.   

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