When you suffer injuries or health complications due to negligent medical care in New York, you may have a legal claim against your medical providers. However, the law imposes a deadline, known as the statute of limitations, on filing your claim against negligent healthcare professionals. Furthermore, specific circumstances in your case can impose additional deadlines or notice requirements for your claim.
The Statute of Limitations in New York
In New York, the statute of limitations typically requires you to file a medical malpractice lawsuit within two years and six months of the negligent treatment or the last treatment date in a course of treatment that gave rise to the healthcare provider’s negligent act or omission. Filing a lawsuit after the statute of limitations expires usually means that the court will dismiss a patient’s lawsuit upon the healthcare provider’s motion.
Exceptions to the Statute of Limitations
Several exceptions can change the deadline for a patient to file their medical malpractice lawsuit. For example, when a continuous course of treatment constitutes negligent care, the statute of limitations starts on the date of the last treatment in the course.
Sometimes, a patient may rely on the “discovery rule” to extend their medical malpractice claim deadline. The discovery rule states that the statute of limitations does not begin to run until a claimant discovers (or should discover through reasonable diligence) their injury or the fact of the other party’s fault for their injury. However, New York law limits the application of the discovery rule to medical malpractice cases involving foreign objects left inside a patient’s body or the failure to diagnose cancer or a malignant tumor. In cases involving foreign objects left inside the patient’s body, the discovery rule can extend the statute of limitations past the standard deadline, up to one year from the date the patient discovers the foreign object or learns of facts that should reasonably lead to the object’s discovery. In cases involving failure to diagnose cancer, the discovery rule can extend the statute of limitations by up to seven years from the date of the negligent act or omission that resulted in the failure to diagnose.
Furthermore, a minor or legally incapacitated person who suffers medical malpractice can extend the statute of limitations until their 18th birthday or the date they cease being incapacitated. However, in such cases, the person cannot extend the limitations period for more than ten years from the date of negligent care.
Special Considerations for Public Hospitals
For medical malpractice claims against public hospitals and healthcare facilities run by state or local governments, New York law further requires patients to file a notice of claim against the appropriate government agency within 90 days of the date their medical malpractice claim arises. As a result, patients harmed by medical malpractice must act quickly to identify the at-fault parties and gather evidence to support their claim.
Why Time Matters
Pursuing a medical malpractice claim promptly can help you avoid the consequences of missing deadlines under New York law. Courts typically dismiss untimely claims, which may result in losing the opportunity to seek compensation for your injuries and losses from at-fault providers. Furthermore, waiting to start preparing your case may result in memories fading or the loss/deletion/destruction of evidence.
Contact a Medical Malpractice Lawyer Today
After suffering complications from medical malpractice, you can protect your rights and interests by seeking legal counsel as soon as possible to ensure you file your claims on time. Contact McCann Legal, PC today for a free, no-obligation consultation with a medical malpractice attorney to learn when to file your claims.