If you have been the victim of medical malpractice in New York, it is important to understand how the state statutes will affect your suit. Like with the vast majority of suits, there is a statute of limitations on medical malpractice. This means that after a certain point you will not be able to file a suit. According to the state of New York, the statute of limitations on medical malpractice is two years and six months after the malpractice has occurred.
However, there are certain exceptions to this rule. If the malpractice occurred as part of a continuing treatment regime, then the statute of limitations starts when the treatment regime is completed, not the first time the malpractice occurs. This is called the “Continuous Treatment Doctrine.”
A second exception is known as the “Discovery Rule.” This applies when there is no way the patient could have known that malpractice occurred at the time. This is most commonly invoked when a surgeon leaves foreign objects inside a patient. In this particular case, the statute of limitations starts on the day of discovery and extends for one year. It does not start the day of the surgery.
Minors also present an exception. In the case of a minor, the statute of limitations starts on the child’s 18th birthday. However, no suit may be brought against the defendant more than 10 years after the malpractice was discovered.
It is always a good idea to bring medical malpractice cases to court as soon as possible.
This post was intended to educate you about the statutes of limitations regarding medical malpractice in New York. It is not intended to be taken as legal advice.