If you are dealing with negative effects that resulted from the negligence of a medical professional, justice demands that you receive a full compensation for your suffering. However, it’s important to get started on your case as soon as possible and to keep track of New York’s statutory deadlines for medical malpractice cases. Missing these deadlines can result in losing the opportunity to hold the responsible parties accountable.
How Long You Have To Start The Process
Under New York law, the statute of limitations (meaning the legal deadline) for medical malpractice cases is two and a half years (30 months) from the date of the alleged malpractice – unless the patient qualifies for specific exceptions to this rule.
It’s important to note that this time frame can be affected by several factors, such as when the injury was discovered or if the malpractice involved a foreign object left in the body. In cases involving foreign objects, the statute of limitations is one year from the date of discovery.
Malpractice doesn’t always involve a negligent action taken by a doctor. Sometimes the failure to diagnose a dangerous disease gives rise to a malpractice suit. In these cases, the same deadlines apply.
Exceptions and Considerations
There are exceptions to the standard statute of limitations that potential plaintiffs should be aware of. For instance, if the victim of medical malpractice is a minor, the statute of limitations may be extended. In such cases, the minor typically has until they reach the age of 18, plus the standard two and a half years, to file a lawsuit. However, the time cannot extend more than ten years from the date of the alleged malpractice.
Another critical consideration is the “continuous treatment” doctrine. This doctrine may extend the statute of limitations if the patient continues to receive treatment from the same healthcare provider for the same condition related to the malpractice. In such situations, the clock may not start ticking until the end of the treatment course.
Timely Action is Essential
Given these complexities, it is imperative for anyone affected by medical malpractice in New York to seek legal advice promptly. Consulting with a qualified medical malpractice attorney can provide clarity on how these deadlines apply to individual circumstances and ensure that all necessary legal actions are taken within the appropriate time frame.
Understanding and adhering to these deadlines is crucial for preserving the right to pursue a medical malpractice claim in New York. Taking timely action can make a significant difference in the outcome of the case and the ability to obtain justice and compensation for the harm that you and your loved ones have suffered.
