Statute Of Limitations For Medical Malpractice In New York

Do You Have a Valid Medical Malpractice Case in New York?

Medical malpractice cases are notoriously complex. However, many people unfamiliar with them mistakenly believe that any medical error counts as malpractice.

In a personal injury case, your lawyer must be able to prove that the elements of negligence were present. For instance, in a car accident case, you would need to prove the following:

• The other driver owed you a duty of care.
• They breached that duty.
• The breach caused your injuries.
• You have damages to collect as a result.

These cases often use something called the “reasonable person standard.” If the defendant didn’t act as a reasonably careful person would have in the same situation, they may be liable for any injuries that occurred as a result.

Medical malpractice cases are a bit different. If doctors were held to the same standards as a non-medical person, they would likely not face liability for many negligent actions. That’s why doctors are held to something called the standard of care. If a medical professional doesn’t deliver the level of care that a competent person with the same level of training would, they have failed to meet this standard.

That failure alone doesn’t mean you have a valid malpractice case, though. The medical professional’s failure to meet the standard of care must have caused you significant harm, and you must have damages, or compensation for your losses, to collect as a result.

Before assuming you do or do not have a case, it’s important to consult a medical malpractice attorney. Medical malpractice lawyers understand how to assess the viability of a case and can tell you whether pursuing a claim is worthwhile.

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.

If you have a mental disability that meets the legal definition of insanity, the clock on the statute of limitations stops. It restarts when the disability ends. Notably, if you have a permanent psychiatric disability, the court caps the waiting period to sue at 10 years.

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. A wrongful death lawyer in New York can help you understand this deadline and ensure your case is filed properly.

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. Some people treat these deadlines as suggestions, but it’s important that you do not do so. If you miss the deadline, you could lose your right to file suit against the healthcare provider.

This is true regardless of how valid your claim may be. Once the statute of limitations has passed, the court will decline to hear your case, and you won’t be able to recover any compensation.

There are very limited exceptions to this deadline. For instance, if the defendant fled the state or you were previously unable to file a claim because of a mental disability, the court might extend the deadline.

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.