If you’ve been harmed due to a healthcare provider’s negligence, prompt action is crucial. New York laws set a strict deadline for pursuing medical malpractice claims. Missing the deadline by even one day can result in an absolute bar to recovery, regardless of the strength and merit of your case. Please continue reading as we explore what you need to know about the statute of limitations, the exceptions, and how an experienced New York City Medical Malpractice Attorney can help protect your rights.
How Long Do I Have to File a Medical Malpractice Claim in New York?
Under New York CPLR § 214-a, most medical malpractice claims must be filed within two years and six months of the alleged negligent act, omission, or failure. This timeframe is notably much shorter than the standard three-year statute of limitations typically applied to other personal injury claims.
Given the fact that the state doesn’t utilize a “discovery rule,” the clock starts ticking on the date of the alleged negligence rather than when the injury is actually discovered. This underscores the importance of consulting with legal counsel early on to preserve your rights.
What Key Exceptions Could Potentially Extend the Deadline?
Although the standard deadline applies in most cases, there are key exceptions to keep in mind:
- Continuous Care: If the physician who has caused you harm continues to provide care for the same condition, the filing window doesn’t start until that course of treatment concludes.
- Retained Foreign Items: If a medical device or tool is left inside your body, you usually have one year from the date you found or should have reasonably found the object to file your medical malpractice claim.
- Laverwn’s Law: For claims involving cancer misdiagnosis, the statute of limitations is calculated from when the negligence was, or should have reasonably been discovered, with a strict maximum cap of seven years from the initial negligent act.
- Minor Patients: For claims involving minors, the statute of limitations is paused (tolled) while the patient is under 18.
What Happens If the Malpractice Occurred at a Public Hospital?
When it comes to claims involving public hospitals, it’s crucial to understand that you must file a Notice of Claim within 90 days of the incident. This obligation is distinct from the standard statute of limitations, and failing to meet this shorter timeframe can jeopardize your ability to pursue the case, irrespective of how much time remains in the broader 30-month window. Given these strict rules, it’s advisable to connect with New York medical malpractice attorney Mark L. Bodner, P.C.
Contact our firm today to schedule a consultation. Our legal team will ensure you file your claim within the right timeframe.