New York Medical Malpractice Lawyers
Exceptions to New York’s statute of limitations for timely filing a medical malpractice lawsuit Cases involving minor victims Cases involving wrongful death 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.
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.
Cases involving victims receiving continuous medical treatments
Cases involving medical errors due to foreign objects
The statute of limitations may be extended to 2.5 years after the end of treatment for patients who are receiving continuous medical treatment.
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.
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