If you've been harmed by medical negligence in New York, understanding the statute of limitations is critical. Missing the filing deadline can permanently bar your claim, no matter how strong your case may be.
The General Rule: 2.5 Years
In New York, the statute of limitations for medical malpractice is 2 years and 6 months from the date of the malpractice or from the end of continuous treatment by the medical provider who committed the malpractice.
The Continuous Treatment Doctrine
Under the continuous treatment doctrine, the statute of limitations doesn't begin to run until the course of treatment for the condition that gave rise to the malpractice ends. This can be significant if you continued seeing the same doctor after the malpractice occurred.
Important Exceptions
Foreign Object Rule
If a foreign object (such as a surgical instrument or sponge) was left inside your body during surgery, you have one year from the date of discovery (or when it should have been discovered) to file suit. This exception provides additional time when the malpractice isn't immediately apparent.
Minors
For medical malpractice claims involving minors, the statute of limitations is extended. A child generally has until 10 years after the date of the malpractice to file suit, but this cannot exceed the child's 18th birthday plus the applicable statute of limitations.
Municipal Hospitals
If your medical malpractice claim is against a public hospital or government-employed doctor, you must file a Notice of Claim within 90 days of the incident. This is a strict deadline that applies even though the lawsuit itself has a longer filing period.
Why Early Action Matters
Even though you may have 2.5 years to file, waiting too long can hurt your case: - Medical records may be harder to obtain - Witnesses' memories fade - Expert medical opinions are easier to secure with fresh evidence
Contact Janusas Law
If you believe you've been the victim of medical malpractice, don't wait. Contact us today for a free consultation. We work with leading medical experts to evaluate your case and fight for the compensation you deserve.