What Is the Medical Malpractice Statute of Limitations in New York?
In New York, patients generally have two and a half years to file a medical malpractice lawsuit. This period begins either on the date of the alleged wrongful act or when the ongoing medical treatment concludes. However, some circumstances can result in a different timeframe. The exact deadline will depend on the particular details of your case.
Exceptions to the New York Medical Malpractice Statute of Limitations
New York law provides several exceptions that can affect how long you have to file a medical malpractice claim. These include:
- Foreign objects: Typically, one year from discovering the foreign object or facts that would reasonably lead to its discovery, whichever is earlier
- Minors: The filing period pauses until they reach 18, but claims must still be filed within 10 years of when the malpractice occurred
- Wrongful death: Generally, must be filed within two years of death, provided the underlying malpractice claim was still viable
- Municipal hospitals: These require a notice of claim within 90 days, and the lawsuit must be filed within one year and 90 days
- Delayed cancer diagnosis: Filing period may begin when the patient discovers or should have discovered the negligent failure to diagnose cancer, subject to a seven-year limit
Because exceptions can change the deadline, speak with an attorney promptly to determine which rules apply.
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How Acting Quickly Can Protect Your New York Medical Malpractice Claim
Acting quickly can help protect a medical malpractice claim by giving you time to file before New York’s applicable deadline expires. Courts generally dismiss claims filed too late, which can leave you without the ability to pursue compensation.
Early action also gives you and your legal team time to:
- Determine which filing deadline applies to your case
- Preserve evidence before it is lost or destroyed
- Request medical records and other relevant documents
- Have medical experts evaluate the care you received
Because New York law has exceptions that may affect filing deadlines, consult with an attorney as soon as possible.
How The Sanders Law Firm Protects Your Right to Pursue a Medical Malpractice Claim
Our firm helps clients understand how New York’s medical malpractice filing deadlines apply to their individual circumstances. We know that determining the right deadline is not always straightforward, particularly when an exception may apply. Our attorneys carefully review the available information and take steps to protect your legal rights from the start.
Our work may include:
- Reviewing your medical records and other relevant documents
- Determining which statute of limitations applies to your claim
- Identifying exceptions that may affect when you need to file
- Consulting medical experts to evaluate whether the care you received may support a claim
- Filing the necessary documents within the applicable deadline
Contact Our New York Medical Malpractice Lawyers for a Free Consultation
If you believe medical negligence harmed you or someone you love, it is important to understand how much time you have to file. New York’s filing deadline varies based on the facts of the case, and certain exceptions may extend or shorten the time available.
Our New York medical malpractice lawyers can review your circumstances and determine which filing deadlines may apply. Contact us online or call us today at (833) SANDERS for a free consultation to understand your rights and take the appropriate steps before your deadline expires.