New York Medical Malpractice Statute of Limitations

You can file a claim of malpractice against a health care professional, if he or she failed to diagnose your medical condition, if you were not provided the proper medical treatment for your illness or injury, or treatment was unreasonably delayed, causing you further injury or death.  However, the laws in every state vary regarding award amounts and the time you have to file.  For example, in most cases New York give you only 30 months from the time of injury or death.

Time Limits for Filing a Claim

Although New York does have a 30-month time limit for filing most claims, there are exceptions to the law.  For instance, if a foreign object is left in the body, the patient has one year from the time it was/should have been discovered to file suit.  In addition, if the individual was a minor at the time of malpractice, he/she has 3 years from the eighteenth birthday to bring legal action.  However, the incident in question must have occurred within the last 10 years.

Negligence Laws

In the state of New York, liability for injury or death is determined by the percentage of responsibility attributed to each defendant.  Unless it is over 50%, he/she cannot be held responsible for paying the entire amount, should a co-defendant be unable to pay.  New York law differs from many other states.  For further information, consult the table below:

Award Limits in New York

Some states have limitations to the amount money you can receive in a malpractice suit.  However, New York has no such laws.  No damages limits are imposed on malpractice claims.

Legal Help

In the state of New York, you have 90 days from the time of filing a claim to file notice that you have hired an expert, which would include a lawyer.  Due to the need for financial compensation for future medical bills and the high emotional stakes, legal help is advisable, so all aspects of your case will be considered carefully.

More Information:

Medical Malpractice Suits in New York