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THE COMPLAINT, STEMMING FROM A FALL OFF A STRETCHER WHILE BEING POSITIONED FOR AN X-RAY, SOUNDED IN MEDICAL MALPRACTICE, NOT NEGLIGENCE, AND WAS THEREFORE UNTIMELY, PROPOSED NEGLIGENT HIRING CAUSE OF ACTION COULD NOT BE ADDED UNDER THE RELATION BACK DOCTRINE (FIRST DEPT).

The First Department determined the complaint sounded in medical malpractice, not common law negligence, and was therefore untimely. Plaintiff alleged she fell off a stretcher as she was being positioned for a chest X-ray. The attempt to amend the complaint to allege a negligent hiring cause of action failed because the facts underlying negligent hiring were not the same as the facts underlying the original complaint. Therefore the relation-back doctrine did not apply:

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As described by plaintiff in her affidavit, the technician’s conduct in placing plaintiff’s body in a certain position, so as to obtain accurate imaging in an Xray directed by a physician at defendant hospital, bore a “substantial relationship to the rendition of medical treatment by a licensed physician” … . Accordingly, plaintiff’s complaint sounds in medical malpractice and was correctly dismissed as untimely (see CPLR 214-a). …

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CPLR 203(f) provides, “A claim asserted in an amended pleading is deemed to have been interposed at the time the claims in the original pleading were interposed, unless the original pleading does not give notice of the transactions, occurrences, or series of transactions or occurrences, to be proved pursuant to the amended pleading” … .

The original complaint asserts one cause of action that arose from plaintiff’s Xray on July 5, 2012. The proposed negligent hiring and failure to promulgate regulations claims arise from different facts and implicate different duties based on conduct preceding, and separate and different from, the alleged negligence of the Xray technician on that date. Thus, the relation back doctrine is inapplicable because the facts alleged in the original complaint failed to give notice of the facts necessary to support the amended pleading … . Lang-Salgado v Mount Sinai Med. Ctr., Inc., 2018 NY Slip Op 00248, First Dept 1-16-18

NEGLIGENCE (MEDICAL MALPRACTICE, THE COMPLAINT, STEMMING FROM A FALL OFF A STRETCHER WHILE BEING POSITIONED FOR AN X-RAY, SOUNDED IN MEDICAL MALPRACTICE, NOT NEGLIGENCE, AND WAS THEREFORE UNTIMELY, PROPOSED NEGLIGENT HIRING CAUSE OF ACTION COULD NOT BE ADDED UNDER THE RELATION BACK DOCTRINE (FIRST DEPT))/MEDICAL MALPRACTICE ( THE COMPLAINT, STEMMING FROM A FALL OFF A STRETCHER WHILE BEING POSITIONED FOR AN X-RAY, SOUNDED IN MEDICAL MALPRACTICE, NOT NEGLIGENCE, AND WAS THEREFORE UNTIMELY, PROPOSED NEGLIGENT HIRING CAUSE OF ACTION COULD NOT BE ADDED UNDER THE RELATION BACK DOCTRINE (FIRST DEPT))/CIVIL PROCEDURE (MEDICAL MALPRACTICE STATUTE OF LIMITATIONS, RELATION BACK DOCTRINE, THE COMPLAINT, STEMMING FROM A FALL OFF A STRETCHER WHILE BEING POSITIONED FOR AN X-RAY, SOUNDED IN MEDICAL MALPRACTICE, NOT NEGLIGENCE, AND WAS THEREFORE UNTIMELY, PROPOSED NEGLIGENT HIRING CAUSE OF ACTION COULD NOT BE ADDED UNDER THE RELATION BACK DOCTRINE (FIRST DEPT))/RELATION BACK DOCTRINE (CIVIL PROCEDURE, PROPOSED NEGLIGENT HIRING CAUSE OF ACTION COULD NOT BE ADDED UNDER THE RELATION BACK DOCTRINE IN THIS MEDICAL MALPRACTICE ACTION (FIRST DEPT))/CPLR 214-a (MEDICAL MALPRACTICE, THE COMPLAINT, STEMMING FROM A FALL OFF A STRETCHER WHILE BEING POSITIONED FOR AN X-RAY, SOUNDED IN MEDICAL MALPRACTICE, NOT NEGLIGENCE, AND WAS THEREFORE UNTIMELY, PROPOSED NEGLIGENT HIRING CAUSE OF ACTION COULD NOT BE ADDED UNDER THE RELATION BACK DOCTRINE (FIRST DEPT))/CPLR 203 (MEDICAL MALPRACTICE, THE COMPLAINT, STEMMING FROM A FALL OFF A STRETCHER WHILE BEING POSITIONED FOR AN X-RAY, SOUNDED IN MEDICAL MALPRACTICE, NOT NEGLIGENCE, AND WAS THEREFORE UNTIMELY, PROPOSED NEGLIGENT HIRING CAUSE OF ACTION COULD NOT BE ADDED UNDER THE RELATION BACK DOCTRINE (FIRST DEPT))

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