Go to navigation Go to content

Medical Malpractice Claims Against NYC Municipal Hospitals; "What is a 50-H Hearing & Why Do You Have to Go?"

 

A:

First of all in the New York metropolitan area there are many municipal or 'city-owned' and operated hospitals. I say 'city owned' but technically the city doesn't legally own them. Instead, a special corporation called "New York City Health & Hospitals Corporation" owns and operates the municipal hospitals in New York.

Which hospitals are these?

Here's a basic list:

Bronx:

  1. Jacobi Hospital
  2. North Central Bronx Hospital
  3. Lincoln Hospital
  4. Morrisania
  5. Belvis

Manhattan:

  1. Bellevue Hospital
  2. Coler-Goldwater
  3. Gouverneur
  4. Harlem Hospital
  5. Metropolitan Hospital
  6. Renaissance
Brooklyn:
  1. Coney Island Hospital
  2. Cumberland
  3. East New York
  4. Kings County Hospital
  5. McKinney
  6. Woodhull Hospital
Queens:
  1. Elmhurst Hospital
  2. Queens Hospital

Staten Island:

  1. Sea View
  2. Mariner's Harbor
  3. Stapleton

In order to bring a lawsuit against any of these municipal hospitals you must first file a "Notice of Claim." After your notice of claim has been properly filed you must then appear and give sworn testimony at a hearing known as a "50-H" hearing. That refers to a particular part of law that dictates the procedures necessary to bring a claim and a lawsuit against the New York City Health & Hospitals Corp.

The hearing is required and in fact is a 'prerequisite' which means that before you actually start a lawsuit against NYCHHC, you must appear and answer questions, under oath, at their attorney's office. This gives the municipality the opportunity to investigate your claim. It gives them a chance to learn what your claim is about and what injuries you suffered as a result of medical wrongdoing at one of their hospitals.

In New York, you MUST appear for this hearing in order for you to proceed forward and start a lawsuit against a municipal hospital. Failure to appear means that if you start a lawsuit without first having this hearing, the defense attorney will definitely ask the court to dismiss your lawsuit. They will claim that you failed to follow the law and the judge will be required to dismiss your lawsuit.