Longer filing time for medical malpractice claims in New York
Written By: Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP
Most people are shocked when they read about doctor error or nurse negligence cases in the paper, yet they happen more than we know. Often times issues arise during seemingly standard procedures, and sometimes even go unnoticed for long periods of time. When these issues occur, and are not discovered until much later, patients run the risk of not being able to file a medical malpractice suit because the statute of limitations has run out. Well, residents of New York are being given a longer filing time for malpractice suits, leaving many likely wondering which states will follow.
The filing time for medical malpractice suits in New York used to have a shelf life of two and a half years, until recently when New York state Assembly passed legislation increasing the filing time to an impressive 10 years. This new legislation will also change the clock start time from when the event happened to when negligence was discovered. This change will be particularly important to individuals that may not yet know of issues due to negligence.
In the event of suspected doctor error or nurse negligence, where injury, illness or death occurred, a trusted attorney with medical malpractice experience may be able to help identify responsible parties, and bring them to justice. With the help of an attorney, you can ensure that negligent behavior does not continue, and other patients may be spared undue pain, illness and suffering. Victims of medical malpractice may be given more time to file claims, but as with any personal injury case, taking action as soon as possible is of paramount importance.
Source: Insurance Journal,N.Y. Assembly OKs Bill Allowing Later Claims for Medical Malpractice AP, June 12, 2015