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Limitations on filing medical malpractice claims in New York

On Behalf of | Aug 10, 2021 | Medical Malpractice

Anyone who has been injured due to a careless doctor, health care staff member, hospital or similar institution in New York has time in which to file a personal injury lawsuit. Plaintiffs who don’t file a personal injury suit within the statute of limitations risk having their case denied in a court of law.

Statute of limitations rules can be confusing

Often the statute of limitation rules confuse plaintiffs on how much time they have to file a medical malpractice lawsuit. In New York, you have two years and six months from the date of the original incident to file a lawsuit for a medical, dental or podiatric lawsuit. The law gives you this amount of time because those affected by an incident sometimes do not experience repercussions immediately. Problems emanating from careless medical care can take weeks or months to develop. When patients undergo continuous treatment for a condition, the filing date stems from the last day of treatment. In cases involving a failure to diagnose a malignancy, the statute of limitations is the same. However, in some instances, plaintiffs may have up to seven years to file under certain circumstances. When a lawsuit involves the placement of a foreign object within the body, plaintiffs generally have a year from the date of the incident.

The importance of filing quickly

Medical malpractice incidents can result in serious personal injury, which can affect quality of life or even result in death. That’s why it’s important to explore your options as soon as possible.

Discussing your legal options as soon as you believe you or a loved one has been the victim of medical malpractice can be crucial. The goal of filing a medical malpractice action is to make your life as comfortable as possible.