Statute Of Limitations For Medical Malpractice In New York

New York Medical Malpractice Deadline

In the majority of cases, the statute of limitations for medical malpractice in New York is two years and six months. There are some exceptions, however.

Discovery Rule & Lavern’s Law

In medical malpractice cases involving foreign objects left inside a person, the statute of limitations begins running when the injury was discovered or should have reasonably been discovered.

Another exception is addressed by Lavern’s Law. If you received a cancer misdiagnosis, the deadline starts running when you discover the tumor or cancer. This must take place within seven years of when the misdiagnosis occurred.

Continuous Treatment Doctrine

You may also be able to extend the timeline for medical malpractice cases by stating that you’re receiving continuous treatment for the same condition or injury. Once you finish the treatment, you will have two years and six months to file.

Minors & Legal Disability

In New York, minors have three years from their 18th birthday to begin a medical malpractice claim. For birth injuries, the claim has to be filed before the child’s 13th birthday. Legal disability cases will be tolled until the disability is resolved.

Wrongful Death Filing Window

If medical malpractice leads to wrongful death, you will have two years from your loved one’s death to begin a claim.

Claims Against Government Entities

To begin a claim against a government entity that committed malpractice, you must send a notice of the claim within 90 days of the negligent action. If the claim is denied, you have one year and 90 days to begin a lawsuit.

If You Miss the Deadline

If you miss the deadline, you will not be able to recover your losses because the case will be dismissed.

Next Steps & When to Call a Lawyer

Beginning a medical malpractice case can help you recover damages. It’s vital that you act quickly, however, by hiring a New York personal injury lawyer to represent you. They will assist you with gathering evidence, including expert witness testimonies, and negotiating with insurers.

At ConsumerShield, we carefully vet lawyers throughout the country to help clients find the right team to help them. Contact us, and we’ll connect you with local attorneys.