New York Statute of Limitations for Medical Malpractice

In New York, if you miss the deadline, you lose your right to sue

You trust your healthcare providers to help you feel better, not worse. When you are injured by a healthcare provider, it is a violation of that trust. Worse, medical malpractice can have a long-lasting, life-altering impact. Victims of medical malpractice or their families may be entitled to financial compensation for their injury or loss.

New York State law places a statute of limitations on being able to sue for medical malpractice. To ensure you receive compensation for your injuries, you must file within 30 months (2.5 years) after the incident. The 30-month period starts on the date when the action took place or at the end of treatment.

Special discovery rule malpractice cases in New York

There are also some special cases where the timeline may be shorter or longer. For example, there is a special discovery rule for finding a foreign object after a procedure. Patients can file these complaints up to a year after the object is discovered. A new law (called Lavern’s Law) was passed in January 2018. This law extends the discovery rule for malpractice claims involving cancer diagnoses. If you discover a doctor failed to diagnose cancer, you have seven years to file a claim.

If you miss the filing deadline for any medical malpractice case, you will probably lose your right to sue the healthcare provider or facility.

Medical malpractice includes many types of errors and negligence

To bring a medical malpractice claim, you must prove that the healthcare provider failed to care for you according to accepted medical standards. You must also prove that as a result of the medical malpractice, your condition has gotten worse. You should consult an attorney if you believe you have a medical malpractice case related to:

  • Serious injuries from medical mistakes
  • Misdiagnoses or improper treatment
  • Injury to the mother or child during birth
  • Prescription or medication errors
  • Medical procedure and surgical errors
  • Medical negligence or failure to properly monitor
  • Hospital, urgent care, clinic or other medical facility errors
  • Not informing or misinforming about health risks of a procedure or medication

Gathering the documentation needed to prove you have a medical malpractice case can be difficult and time consuming. Since the statute of limitations is relatively short for medical malpractice cases, it’s important to contact an experienced Bronx medical malpractice lawyer as soon as possible after the medical malpractice occurs.

Victim of medical malpractice? Talk to a Bronx medical malpractice attorney

Contact Bronx attorney Evan W. Kohn for a free medical malpractice consultation. He can help you get appropriate compensation for your physical, emotional and financial injuries. With more than 30 years of experience helping people in the Bronx get the justice they deserve, Evan W. Kohn treats clients with compassion and aggressively pursue their interests. Contact The Law Offices of Evan W. Kohn online or call 718-409-5500 to arrange a free medical malpractice consultation about your case.

Attorney Evan Kohn
About the Author: Evan Kohn
Evan W. Kohn is an experienced personal injury attorney serving the New York City area. He handles cases ranging from auto accidents to personal injury, Slip and falls, truck accidents, and medical malpractice.