Statute of Limitations For Filing a Medical Malpractice Claim in New York State

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Injuries or damage caused by negligent health care professionals can be devastating and costly. One thoughtless error could lead to permanent disfigurement, chronic pain, or other serious, long-term conditions. While there may be no way to reverse the damage after it’s done, you have the right to file a medical malpractice claim that can hold the negligent parties legally and financially responsible. However, like most types of lawsuits, medical malpractice claims are subject to a statute of limitations, meaning that you only have a certain amount of time in which to file a claim. Here’s what medical malpractice victims and their families need to know about the statute of limitations on these types of claims and how to get started.

Medical Malpractice Suits Must be Filed Within Two Years and 6 Months of the Incident

For most medical malpractice cases, the victim must take legal action within 2.5 years, measured from the date the medical practitioner’s act, failure, or omission occurred. This statute of limitations applies to claims involving medical, dental, or podiatric malpractice. This window passes relatively quickly, so it’s important to contact a knowledgeable personal injury attorney as soon as possible to discuss your options for filing a medical malpractice claim.

Some Exceptions to the Medical Malpractice Statute of Limitations

There are some instances where the 2 year, 6 month statute of limitations may be adjusted. If the circumstances involve a cancer misdiagnosis, the statute of limitations does not begin until you are first made aware of the misdiagnosis. From that date, you will have two years in which to take legal action. For cases in which a surgeon or medical professional left a foreign object in your body after a procedure, you will have one full year in which to file a medical malpractice claim from the date you became aware of the foreign object’s presence. If the victim is a minor at the time of the incident, the statute of limitations extends to ten years—unless the case involves a foreign body or cancer misdiagnosis. 

Helping Westchester County Residents Take Swift Legal Action

Life can be chaotic after an incident involving medical malpractice. Suddenly, you face unanticipated and complex physical, emotional, and financial obstacles. While you won’t be able to rewind your life to avoid this incident, you can still take legal action to secure the compensation you need in order to build a better future. Filing a medical malpractice claim will also hold negligent parties accountable for their gross mistakes, which may prevent others from suffering a similar fate. 

If you or someone you love has suffered at the hands of a medical professional in Westchester County, reach out to the trusted legal team at Gash & Associates, P.C. by calling (914) 328-8800. Schedule your free consultation with an experienced medical malpractice lawyer today.