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Deadlines for Filing Medical Malpractice Lawsuits in New York

Deadlines for Filing Medical Malpractice Lawsuits in New York

Medical errors kill more people than diabetes, respiratory disease, and pneumonia combined. In fact, according to a study from Johns Hopkins University, medical mistakes are responsible for more than 250,000 deaths annually, making them the third-leading cause of death in the country.

If you were injured or lost a family member due to medical negligence, you may be entitled to compensation for all resulting damages. As we’ll discuss in this blog, though, you only have a limited amount of time in which to file your lawsuit, so it’s wise to call a personal injury lawyer as soon as possible.

When you’re ready to discuss your case, turn to LoTempio P.C. Law Group. We have helped thousands of clients fight for the compensation they needed to cover their healthcare costs, lost income, pain and suffering, and other damages. Call 716-855-3761 to schedule a free consultation with a medical malpractice attorney in New York.

Let’s explore the deadlines that apply to medical malpractice lawsuits:

Standard Statutes of Limitations

Typically, victims of medical malpractice have 30 months from the date of the incident—or the date on which they should have discovered the cause of action—to bring their case to court. Depending on the error in question, though, the deadline may be different.

For example, if a surgical team leaves a foreign object inside a patient, the victim has one year from the date of discovery or the date on which the object should have been discovered to file the lawsuit. And if someone dies as the result of a medical error, his or her family has two years to file suit. If the malpractice victim is a minor, the statute of limitations is three years after he or she turns 18, but the lawsuit cannot be filed more than 10 years after the incident occurred.

The Deadline Is Shorter for Claims Against Government Entities

There are several exceptions to the medical malpractice statutes of limitations in New York, so it’s wise to seek legal counsel to determine precisely how much time you have to bring your case to court. If, for example, you want to sue a government-run facility, you will have much less time to commence the proceedings. You must file a Notice of Claim within 90 days of the incident, and you must file the lawsuit within one year and 90 days of the date when the cause of action accrued.

Call 716-855-3761 for a Free Consultation with a New York Medical Malpractice Lawyer

If you want to sue a negligent healthcare provider or facility, turn to LoTempio P.C. Law Group. Our personal injury attorneys have more than 200 years of combined experience practicing law. Call 716-855-3761 or fill out our Contact Form to schedule a free case evaluation with a medical malpractice lawyer in New York.

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