In a case where plaintiff alleged that the defendant improperly dispatched only a Basic Life Support ambulance, instead of an Advanced Life Support ambulance, in response to a complaint of shortness of breath, the First Department ruled that the motion court erroneously characterized the claim as sounding in ordinary negligence. In reversing that order, the First Department agreed that the claim sounded in medical malpractice and dismissed the plaintiff’s entire complaint as time-barred as a result of the expiration of the applicable statute of limitations.

Congrats on the fantastic win Jacquie!