Can I sue a hospital for malpractice after 2 years in New York?

The statute of limitations is the length of time in which you have to file a lawsuit. Once that time expires, a court will not allow a lawsuit to proceed on the matter. 

In the state of New York, medical malpractice claims must be filed within 30 months from the date the injury occurred.  If the claim involves the presence of a foreign object within the body of the patient, a lawsuit must be filed within one year that the foreign object was discovered or should have been discovered.  For claims involving minors, they have three years from the date of their eighteenth birthday to begin litigations.

In order to win a medical malpractice case in New York, your medical malpractice attorney must help you prove that your medical-related injury occurred as a result of the following factors:

• That a medical professional responsible for your care deviated from the standard of care
• The departure substantially caused and/or contributed to your injuries
• That the injuries you suffered are permanent, significant, lessen your quality of life, limit your ability to work and earn a living and cause you long-term pain and suffering.

All of these conditions must be proven by an expert physician who either treated you and can confirm each aspect of your case, or by an expert who has reviewed the records and can confirm each element of your malpractice claim.

You should consult an experienced medical malpractice attorney if you have been a victim of medical malpractice. You should start early because it takes time to build a case.