GERSOWITZ, LIBO & KOREK, P.C.
New York City Medical Malpractice Claim Statute of Limitations WWW.LAWYERTIME.COM
JUST LIKE ANY OTHER STATE, NEW YORK HAS A STATUTE OF LIMITATIONS FOR TIMELY FILING A MEDICAL MALPRACTICE CLAIM. IF YOU WERE INJURED DUE TO THE NEGLIGENT ACTIONS OF A MEDICAL PROFESSIONAL, YOU WILL ONLY HAVE 2.5 YEARS FROM THE END OF TREATMENT TO FILE A CLAIM. IN CERTAIN CASES, SUCH AS THOSE INVOLVING CLAIMS AGAINST A MUNICIPALITY OR THE STATE, THERE MAY BE AN EVEN SHORTER TIME LIMIT TO FILE A CLAIM.
Below are some exceptions to New York’s statute of limitations for timely filing a medical malpractice lawsuit:
CASES INVOLVING MINOR VICTIMS:
Minor medical malpractice victims have 10 years to file a claim. However, the statute of limitation will start running as soon as the minor reaches 18 years of age. This allows only 6 months after the victim’s 20th birthday to file a claim.
CASES INVOLVING VICTIMS RECEIVING CONTINUOUS MEDICAL TREATMENTS:
The statute of limitations may be extended to 2.5 years after the end of treatment for patients who are receiving continuous medical treatment.
CASES INVOLVING MEDICAL ERRORS DUE TO FOREIGN OBJECTS:
If a patient is injured due to the failure to remove a foreign object during a surgical procedure, he or she will have up to one year from the date of discovery to file a medical malpractice lawsuit.
CASES INVOLVING WRONGFUL DEATH:
A surviving family member of a patient who died due to the negligent acts of a medical professional will have 2 years from the date of death to file a wrongful death claim.
THERE MAY ALSO BE OTHER EXCEPTIONS TO THE NEW YORK STATUTE OF LIMITATIONS FOR TIMELY FILING A MEDICAL MALPRACTICE CLAIM. IN ORDER NOT TO MISS YOUR WINDOW OF OPPORTUNITY TO FILE A CLAIM, YOU SHOULD IMMEDIATELY CONTACT ONE OF OUR EXPERIENCED NEW YORK MEDICAL MALPRACTICE ATTORNEYS AS SOON AS YOU DISCOVER THE POSSIBILITY OF AN INJURY.
FOR MORE INFORMATION OR TO SCHEDULE A COMPLIMENTARY CONSULTATION WITH ONE OF OUR MEDICAL MALPRACTICE LAWYERS NEW YORK CITY,
Please call Gersowitz, Libo & Korek, P.C. at 1646-760-5015.. WWW.LAWYERTIME.COM