Medical Malpractice Lawyers NYC representing victims of medical negligence
Medical malpractice occurs when a medical provider, such as a doctor, hospital, or clinic, performs an act or omission during the course of treating a patient that deviates from the accepted standard of care and causes injury to a patient. When this happens, patients may be eligible to file a medical malpractice claim against the provider to collect compensation. It is important to note that there is a strict time limit, called Medical Malpractice Statute Of Limitations, in which victims must file their claim or lawsuit.
The following discusses both New York Medical Malpractice Statute Of Limitations and statute of repose.
What is New York Medical Malpractice Statute of Limitations?
Here in New York, you only have so much time to file a claim or lawsuit. Per N.Y. C.P.L.R. § 214-a, you have two and a half years (or 30 months) from the date of the medical malpractice act or omission to file your medical malpractice lawsuit.
However, there are exceptions:
New York recognizes a “tolling” period for minors. Essentially, this means that New York will not start this two and half-year limitations period until the minor reaches the age of 18.
In addition, New York recognizes a separate time limitations period, called the discovery rule, applicable for when a medical provider leaves a foreign object (e.g., surgical sponge, scalpel, etc.) in your body following a medical procedure. If a medical provider leaves a foreign object inside of your body, you must file your medical malpractice claim with the proper New York court within one year of the date you discovered or the date you reasonably should have discovered the foreign object.
New York will also toll the statute of limitations if a patient is receiving continuous treatment (You must be able to prove the treatment was continuous; if it was not, the statute will not toll and the court will disallow your claim.) The two-and-a-half-year statute will begin as soon as treatment has ended.
What is a statute of repose? How long is it?
New York recognizes a statute of repose time limitations period for minors. Essentially, this period is the absolute deadline for your case. This time limit applies even if you did not discover the malpractice act until six years after the medical procedure; the statute of repose will bar recovery.
While the statute of limitations tolls until the minor turns 18, it will not toll longer than 10 years. Regardless of whether the child is under 18 at the end of the tolling period.
Do not waste time. Get started on your claim today!
While two and a half years may sound like a long time, it goes quickly. You need to get started on your medical malpractice case as soon as possible. For help with your medical malpractice claim, give the Medical Malpractice Lawyers NYC of The Rybak Firm, PLLC a call. We provide a free initial consultation to discuss your medical malpractice case in detail. Contact us today to get started: (718) 307-5554.
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