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The plaintiffs in the case are Diane Jakubowski, who is the proposed executrix of the estate of Jan Jakubowski, and Diane Jakubowski individually. The defendants in the case are Huntington Hospital, Nick Fitterman M.D., Cristina Pruzan, M.D., Hilaire Farm Skilled Living and Rehabilitation Center, and Huntington Village Rehabilitation and Nursing.
Plaintiff’s Complaint
A New York Injury Lawyer said the initial complaint made by the plaintiff was filed on December 3, 2010. The complaint asserts a cause of action for medical malpractice towards each of the defendants. This cause of action asserts that beginning on or around June 3rd, and continuing through the course of treatment Jan Jakubowski was a patient of Nick Fitterman M.D. and Cristina Pruzan and they both failed to care for him properly, which caused him to sustain severe and serious injuries and further complications. A New York Injury Lawyer said at this time Jan Jakubowski was also a patient of Hilairic Farm Skilled Living and Rehabilitation and Huntington Village Rehabilitation. A second cause of action in the complaint is for lack of informed consent towards each of the defendants. The third cause of action in the complaint is premised on the negligent hiring and supervision of Huntington Hospital, Huntington Village Rehabilitation, and Hilaire Farm Skilled Living and Rehabilitation Center. The fourth cause of action is for loss of services on behalf of Diane Jakubowski, spouse of the deceased, Jan Jakubowski.
Defendants Argument
The defendants in the case are seeking dismissal of the complaint. The basis for the dismissal is that Diane Jakubowski, the executrix of the estate, lacked the ability to commence the action on December 3, 2010 as she was not yet the appointed executrix. Dismissal of the complaint is also sought on the basis that the statute of limitations had expired when they were served the amended summons and complaint that reflected her capacity as executrix of the estate.
Court Orders
Based on the evidence that has been supplied in this case, the Court makes the following orders.
The first order is that the motion by the defendants Hilaire Farm Skilled Living and Rehabilitation Center and Huntington Village Rehabilitation and Nursing for the dismissal of the complaint made by the plaintiff is granted. A Brooklyn Personal Injury Lawyer said the basis for this order is the fact that the plaintiff did not have the capacity to sue when the action was started. The complaint that was made against the defendants is dismissed without prejudice. Additionally, the causes of action based on medical malpractice and negligence is denied.
The second order is that the motion made by the plaintiff for an order that allows the plaintiff to amend the caption of this particular action is also denied. An NYC Personal Injury Lawyer the plaintiff is granted the right to recommence this action within six months of the date that it has been dismissed and if the plaintiff is advised, she may commence a new action by purchasing a new Index Number and filing a summons and complaint.
The court further orders that the motion made by the defendants Huntington Hospital, Cristina Pruzan, MIX, and Nick Fitterman, M.D. for an order that dismisses the action for medical malpractice is denied. However, the action that dismisses the action based on the plaintiff not having the capacity to sue when the action began is granted.
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