If you have been injured or lost a family member as a result of medical
negligence, you must act within strict time limits to bring forth a medical
malpractice lawsuit. Failure to do so may leave you with no legal options
and unable to pursue monetary compensation for the financial hardships
you face. If you have questions about the time limits involved in filing
a medical malpractice claim, the experienced attorneys as Rheingold, Valet,
Rheingold, Ruffo & Giuffra LLP are here to help.
Contact us today online or by telephone to speak with a knowledgeable New
York medical malpractice law firm.
"How Long Do I Have to File a Medical Malpractice Suit?"
At Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP, we have been handling
complex medical malpractice lawsuits for over 30 years. If you or someone
close to you has been harmed by medical negligence, it is important to
know the statute of limitations governing these claims.
Medical malpractice timelines vary by state. In New York, the general rule
applying to adult patients is that a claim must be filed within
two and a half years from the act that led to the medical malpractice claim. However, a number
of exceptions exist, some of which we will briefly outline below:
Claims involving children: You have ten years to file a claim on behalf of a child. Keep in mind,
however, the two-and-a-half-year clock starts ticking after the child
turns 18, meaning you must file a claim six months after a child reaches
the age of 20.
Continuous treatment: In some cases in which the patient continues to receive treatment, the
statute of limitations is extended to two and a half years after the last
treatment for the illness, injury or condition. This is different than
the initial date the act of malpractice occurred.
Foreign object exception: If the lawsuit involves the doctor leaving a foreign object in the patient,
the lawsuit must be filed within one year of the discovery of the object,
even if that date falls after two and a half years of the initial act.
Wrongful death: If a patient dies from an act of medical negligence, the surviving family
members have two years from the date of death to file a wrongful death
claim, even if this date falls more than two and a half years after the
act of malpractice.
There are a number of other exceptions that we would be happy to discuss
with you, including those involving claims against government entities.
Please remember, time limitations vary from case to case and from state
to state. For a full evaluation of your case and the time limits you face,
we urge you to talk to an experienced medical malpractice attorney.
Contact Us for a Case Evaluation
If you have questions about the time limitations involved in medical malpractice
lawsuits, please contact us today online or by telephone to speak with
an experienced New York medical malpractice law firm. Our law office is
conveniently located in a brownstone in Midtown Manhattan located at 113
East 37th Street.