King and Katz Obtain Dismissal of Untimely Medical Malpractice Claim

Brandon King and David Katz recently obtained dismissal of a medical malpractice lawsuit in Supreme Court, Onondaga County.  Plaintiff initially sued a surgeon who performed a surgery while in a coverage arrangement with another surgeon in October 2017.  After the initial defendant’s deposition, Plaintiff amended the complaint to include the other surgeon who provided care to Plaintiff.  Plaintiff tried to claim the coverage arrangement meant the doctors were “united in interest” and that the untimely complaint would relate back to the original complaint.  King and Katz argued Plaintiff knew their client’s identity prior to the expiration of the statute of limitations and his interest was not united.  The Court agreed and dismissed the claim.