When a person experiences harm due to a healthcare provider’s careless or reckless actions or omissions, that person may have the right to seek financial compensation and accountability from the provider through a medical malpractice action. However, the statute of limitations on medical malpractice claims imposes a deadline for an injured patient to file a lawsuit against a healthcare provider who rendered negligent care. But when children suffer injuries or complications from negligent medical treatment, how does the statute of limitations apply to their medical malpractice claims?
Understanding the Medical Malpractice Statute of Limitations
Under New York law, a patient who suffers harm from negligent medical treatment typically has two years and six months from the date that the provider rendered the negligent treatment, or the date of the last treatment in a continuing course of treatment for a specific illness, injury, or condition.
The law imposes statutes of limitations on medical malpractice claims and other causes of action for several reasons. First, the statute of limitations encourages claimants to file their lawsuits promptly, which ensures that evidence remains available to the parties and witnesses’ memories of relevant events remain fresh, creating the optimal conditions for resolving a claim on the merits.
Second, the statute of limitations provides finality for parties potentially subject to liability for civil actions. Once the statute of limitations expires on a claim, a potential defendant can rest assured that no party will come forth with a viable claim, and that defendant can make financial, legal, or personal decisions secure in the knowledge that they will not have to pay a civil judgment on an expired claim.
Special Rules for Minors in New York
However, New York pauses or “tolls” the statute of limitations for medical malpractice claims belonging to children. Under this tolling provision, the statute of limitations does not begin to run until a child turns 18 and becomes legally able to file a lawsuit in their name. Thus, a child who suffers medical malpractice may have until six months after turning 20 to file a medical malpractice lawsuit. However, this rule limits the extension of the statute of limitations to no more than ten years after the alleged medical malpractice occurred. Thus, young children who experience negligent medical care may have to file their claims before their 18th birthday.
Other Exceptions and Specific Situations
New York’s statute of limitations for medical malpractice claims recognizes two exceptions that can toll the limitations period:
- A claim based on a foreign object in the body (e.g., surgical equipment), in which case the patient has one year after the date they discover or should have discovered the foreign object
- A claim based upon the negligent failure to diagnose cancer, in which case the patient has two years and six months from the date they knew or should have known of the failure to diagnose (but no later than seven years after the failure to diagnose) or the date of last treatment in a continuous course of treatment
The Importance of Swift Action
Although families may have time to bring a medical malpractice claim against a child’s medical provider(s), they should act quickly to pursue their claims. Memories can fade over time, and evidence may become more difficult to recover. Furthermore, families may continue to incur significant expenses to treat a child’s injuries or complications from negligent medical care, making it critical to obtain financial compensation.
Contact a Medical Malpractice Lawyer Today
When your son or daughter suffers injuries or complications due to negligent medical care, the statute of limitations can limit the time your family has to file a claim against an at-fault provider. Contact McCann Legal, PC today for a free, no-obligation consultation with a medical malpractice attorney to learn more about the deadlines your family must follow when pursuing a medical malpractice claim on behalf of your child.