The statute of limitations sets forth the time limits when an individual can file a lawsuit, in this case, against a healthcare provider or medical facility for malpractice. Missing the deadline for filing a claim can result in your case being dismissed and ultimately prevent you from pursuing compensation for damages suffered.
Statute of Limitations for Medical Malpractice Claims in New York
The Statute of Limitations for medical malpractice claims in New York is outlined in Section 214-A of the New York Civil Practice Law and Rules. It states that a patient or their representative has two-and-a-half-years to file a lawsuit against an individual or entity that caused injury or wrongful death due to medical malpractice. This date begins at the time of the alleged malpractice or when the continuous treatment from the medical professional or facility ceases.
For example, if a patient experienced complications during surgery on January 1, 2022, they would have until July 1, 2024, to file a lawsuit against the medical professional who performed the surgery.
Wrongful Death Claims in Medical Malpractice Cases in New York
When a patient dies due to medical malpractice, the statute of limitations is more complex. The two-and-a-half-year window for filing a medical malpractice lawsuit still applies, but it is calculated differently following a wrongful death.
The clock on this timeline begins to run on the date of death rather than the date the malpractice occurred or the treatment ended. However, plaintiffs must file their lawsuit within two years of the date of the patient’s death, regardless of the date that the medical malpractice was alleged to have taken place.
Importance of Speaking to an Experienced Medical Malpractice Lawyer
Medical malpractice claims can be complex, time-consuming, and emotionally draining for patients and their loved ones. Failing to file a case within the specified limitations could prevent an individual from receiving critical compensation for their losses and injury.
After experiencing poor medical treatment, patients and their families typically invest a great deal of time and resources in recovering from their injuries. Unfortunately, this often leads to the statute of limitations expiring before they have a chance to take legal action. For this reason, it’s important to speak to an experienced medical malpractice lawyer as soon as you realize you may have a case.
Qualified attorneys can help expedite the legal process while ensuring that all filing deadlines are met. They understand the complexity of medical malpractice cases and are experienced in maximizing compensation for their clients.
In essence, working with an experienced medical malpractice lawyer can:
- Help protect your legal rights
- Streamline the entire legal process
- Ensure you don’t miss any critical statute of limitations deadlines
- Maximize compensation for damages
If you or a loved one has been affected by medical malpractice in New York, it is important to speak with an experienced medical malpractice attorney as soon as possible. An attorney will help you navigate the legal system, file the lawsuit within the given deadline and work tirelessly to maximize your compensation.
Remember, time is of the essence in malpractice cases, and you only have a limited period to file a claim. Don’t miss your chance to protect your legal rights and hold the responsible parties accountable for their negligent actions.
Contact Salenger, Sack, Kimmel & Bavaro, LLP today at (800) 572-7246 or fill out our online form for a free initial consultation.