In a case involving medical malpractice, conversion, and fraud, David Greuner filed a motion for summary judgment under CPLR 3212. Greuner argued that the plaintiff, Maria Liberatore, lacked standing because her claims were assets of her Chapter 7 Bankruptcy trustee. He also contended that her medical malpractice and conversion claims were barred by the statute of limitations, and her fraud claim was duplicative of the medical malpractice claim.
A statute of limitations sets the maximum time after an event within which legal proceedings can be initiated. In New York, for medical malpractice claims, including those involving injuries or death, the statute of limitations is two years and six months from the date of the alleged act, omission, or improper treatment. This time limit is crucial, as failing to file a claim within this period can result in the loss of the right to seek compensation. However, there are exceptions, such as tolling the statute for insanity, which requires a showing of mental incapacity that prevented the plaintiff from understanding their legal rights.
Background Facts
Maria Angeles Liberatore, the plaintiff, admitted she was addicted to Demerol, a pain-killing opioid. Her addiction began after a car accident in 1983 caused her chronic pain, which she managed with minimal medication until 2009. In that year, she started receiving Demerol injections, to which she became addicted. Despite her addiction, she functioned as a real estate developer and had an active social life.
In June 2010, Liberatore was denied Demerol at an emergency room. She then hired Greuner through his company, Elite House Calls, MD. She alleged that Greuner became her drug dealer, regularly supplying her with Demerol either personally or through others, charging her thousands of dollars. Between September 2010 and August 2011, Liberatore paid Greuner over $244,000. When she ran out of money, she claimed Greuner took expensive items from her in exchange for the drugs. Pharmacy records showed Greuner prescribed her Demerol and other drugs until March 2012.
On August 15, 2011, Liberatore filed for Chapter 7 bankruptcy but did not list potential claims against Greuner as an asset. She attributed this to her diminished mental capacity due to her addiction. She initiated this legal action on December 8, 2015, filing her complaint on January 27, 2016, with claims for medical malpractice, conversion, and fraud.
Issue
The issues before the court were whether Liberatore had standing to bring her claims, whether her medical malpractice and conversion claims were barred by the statute of limitations, and whether her fraud claim was duplicative of the medical malpractice claim.
Holding
The court held that Liberatore had standing to bring her claims, but her medical malpractice and conversion claims were barred by the statute of limitations. The court also held that her fraud claim was not duplicative of the medical malpractice claim.
Rationale
For the medical malpractice claim, the statute of limitations under CPLR 214-a is two years and six months. Even with an accrual date of April 16, 2013, the statutory period had lapsed by the time Liberatore filed her complaint. Liberatore argued for a tolling of the statute due to insanity, supported by affidavits from medical professionals and a retired judge. However, the court noted that Liberatore had managed to navigate a bankruptcy proceeding during this period, indicating she was not incapacitated. Thus, the court found that the tolling for insanity did not apply, and the medical malpractice claim was barred.
The conversion claim had a three-year statute of limitations under CPLR 214. Since no evidence suggested that Greuner converted any of Liberatore’s property after December 8, 2012, this claim was also barred.
The fraud claim, with a six-year statute of limitations under CPLR 213, was timely. The court rejected Greuner’s argument that the fraud claim was duplicative of the medical malpractice claim. The fraud claim was based on allegations that Greuner misrepresented his actions as medical care while he was actually providing drugs for profit, causing Liberatore physical and financial harm. The court found these allegations distinct enough to warrant a separate fraud claim.
Conclusion
If you or someone you know has been a victim of medical malpractice, it is essential to seek legal assistance from an experienced New York medical malpractice lawyer who can help you understand your rights and guide you through the legal process to ensure that you receive the compensation you deserve. Contact Stephen Bilkis & Associates today to discuss your case and explore your options.