For medical malpractice in New York State, plaintiffs have two years to file a lawsuit from the time the injury was discovered or should have been discovered, although the lawsuit must also be filed within four years of the negligent act. In most states, you must file a medical malpractice lawsuit fairly quickly, often between six months and two years, depending on the state. The period of time in which you must file the lawsuit is called the statute of limitations. The law limits the time a person has to file a lawsuit.
It's called the “statute of limitations.”. In D, C, that term is three years. The purpose of the law is to give certainty. A person should not go through life worrying that they will face a lawsuit for something that happened decades before.
At the same time, the law gives injured parties sufficient time to evaluate the possibility of filing a lawsuit. All states have very specific deadlines for filing medical malpractice lawsuits, set by laws called statutes of limitations. In New York, a medical malpractice lawsuit generally must be filed within two years and six months of the underlying act of medical malpractice. However, if the healthcare provider's error occurred as part of an ongoing course of treatment, this 30-month regulatory clock does not start ticking until that treatment cycle is completed.
A statute of limitations sets a time limit for seeking legal recourse for wrongful conduct. After this period of time expires, the injured victim loses his or her right to file a lawsuit to collect damages. Regarding medical malpractice, injured patients in New York generally have 30 months to file a lawsuit. Should this time period expire, the injured patient will be prohibited from filing a medical malpractice lawsuit, regardless of the severity of their injuries.
New York city and county governments own many of their hospitals. Some also exist because of a corporation specially formed by the state government. New York, unlike some of the other states, has waived its right to immunity in cases of medical malpractice or wrongful death. That means that people who receive care at a hospital owned by a New York State agency have the right to sue for negligent treatment.
The difference is that the patient must file a lawsuit or notice of claim against the state government within 90 days of the date of the injury. You then have 15 months to go ahead with filing a medical malpractice or wrongful death claim. The court can extend this time limit only in limited circumstances. Medical records are often the best evidence in a medical malpractice case.
Due to privacy laws, you will need to sign an authorization that allows your lawyers (as well as defendants' lawyers) to obtain copies of your medical records. You can gain an advantage in this process by requesting a copy of your records as soon as you think you may have a case. Failure to comply with the prerequisites to the lawsuit may result in the dismissal of your case, although you will usually have the opportunity to do so before you lose your right to a legal remedy forever. There is a possibility that your term may be longer than 30 months from the act of medical malpractice.
That opportunity is the rule of discovery. In the law, the term “discovery rule” describes a law that allows a statute of limitations to be delayed if the victim learned of their damages after the fact. In certain cases, an injured patient may file multiple causes of action based on one instance of wrongful conduct; therefore, even if it appears that the New York statute of limitations for medical malpractice has expired, the patient may file a different lawsuit. New York State is stricter than some other states in that, for most medical malpractice cases, the discovery rule is not present.
That said, you can't sue for medical malpractice against a minor after ten years from the date of the incident. That's why you should seek help from an experienced attorney as soon as possible if you suspect that you or a loved one has been harmed by medical malpractice. Since most evidence of malpractice can be identified in medical records, intentional concealment can be difficult to establish. Therefore, if you want to determine how the statute of limitations for medical malpractice law in New York applies to your case, talk to an experienced medical malpractice lawyer.
Presumably, you don't have a valid claim for medical malpractice in New York if your healthcare provider treated you according to the medical standard of care in New York. If a doctor treats the patient in a way that no other competent doctor would, the patient could have a medical malpractice claim. State medical malpractice rules vary from when you should file your lawsuit to whether you should notify the doctor in advance. Review panel findings can be filed in court, and courts often rely on a review panel's finding that there is no medical malpractice to dismiss a case before it goes to trial.