NY Medical Malpractice Claims & the Statute of Limitations

Posted By Mirman, Markovits & Landau, P.C. || 20-Jun-2016

In New York State, the statute of limitations to file a medical malpractice lawsuit against a negligent doctor or medical facility is, in general, two and a half years. When this deadline expires, you will no longer have a chance to collect money for injuries and other damages no matter how injured you or your loved one might be.

It is important to remember that there are extensions of time to sue for infants and when there is continuing treatment. And conversely, the time to sue is even shorter in certain circumstances: it is ninety days to file a claim and one year and one year and ninety days to start a lawsuit, when treated at a New York City or State Hospital; in the case of death, the statute of limitations is two years from the date of death.

Regardless of the time frame, however, once the time has passed, you will never be able to collect for your injuries, no matter how severe.

Lawsuits must be filed within the short time after the date that the incident occurred—not the date of discovery. In cases where a foreign object was left inside the body, a lawsuit must be filed within two and a half-years from the date of malpractice or one year from the date that the object was discovered, whichever is longer.

The problem with the statute is that it may take time to discover symptoms of an injury or medical condition. Furthermore, an injury can be an ongoing issue over the course of several years. A patient may have pains in his or her abdomen for several years and not realize that there is a serious, underlying issue.

Being aware of the statue of limitations can ensure that you and your family take the necessary steps to begin the legal process of holding negligent medical providers accountable. This process can also help you recover compensation for your damages, which may include:

  • Medical bills and future medical expenses
  • Pain and suffering
  • Lost work wages and future earnings
  • Mental anguish and emotional injuries
  • Loss of quality of life
  • Cost of daily living care and household modifications due to the injuries

Victims of medical malpractice, including birth injuries, can pursue financial compensation for these and other damages when they suffer harm as a result of doctors, nurses, or other health care providers failing to provide a reasonable standard of care. Our legal team is available to help you understand whether you have grounds to file a claim, and whether you are eligible to do so within the statute of limitations.

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