After you were the wrongful victim of a medical malpractice incident, you may be preoccupied with getting the right treatment to reverse the damage that a negligent medical professional caused. Of course, this may take up most of your time and be physically, mentally, emotionally, and financially demanding. While we can sympathize with you, we would be remiss not to urge you to carve out some time to work on your potential medical malpractice claim. This is because there is a statute of limitations for filing. And so, please continue reading to learn the exact deadline for this type of civil claim and how an experienced New York City medical malpractice attorney at Mark L. Bodner, P.C., can work hard to ensure that you get your necessary paperwork prepared on time.
What is the deadline for filing a medical malpractice claim in New York State?
Generally speaking, New York State law imposes a deadline of two years and six months for plaintiffs to bring forward medical malpractice cases. Usually, this means 30 months from the date on which a negligent medical professional caused your bodily injuries. However, you may be expected to meet a quicker turnaround time if your incident took place at a municipal hospital or government-owned healthcare facility. This is because, for government entities such as these, you are obligated to first file a Notice of Claim. This essentially informs the entity of the incident you experienced and your intention to sue because of it. With that said, the deadline for a Notice of Claim is typically 90 days from the date of your injury. From here, you may have to initiate your medical malpractice claim within one year of this.
Under what circumstances can I possibly extend my timeframe for filing?
You may feel some pressure dissipating after learning about how New York State’s discovery rule may apply to your medical malpractice claim filing. With this rule, the countdown clock on the statute of limitations should not start until after you discovered or should have reasonably discovered that you incurred bodily injuries. This is because it is possible that signs and symptoms for your injury do not arise to the surface for months or even years afterward. Or, you may have been continually misdiagnosed to the point that you did not have any substantial knowledge about your actual injury. With this, you may have up to seven years to bring your case forward. What’s more, your medical malpractice incident may have taken place when you were still of a minor age. In this case, state law may make your deadline two years and six months from the date on which you turn 18 years old.
Do not let your legal initiatives stop after reading this blog. The next action you should take is calling us at Mark L. Bodner, P.C., and retaining the services of a skilled New York City medical malpractice attorney. Rest assured, we will take the reins from here on out.