How long do people have to file a medical malpractice claim?

How long do people have to file a medical malpractice claim?

On Behalf of | Feb 9, 2022 | Medical malpractice

People in New York generally go to see doctors when they need medical attention. They expect the doctors will be able to not only diagnose what may be causing their medical issues, but also be able to help cure the issue as well. Medical professionals like anybody else make mistakes every once in awhile though. However, their mistakes can be much more costly than many other mistakes that people make.

The injuries and illnesses that people initially went to the doctors may become worse. Medical issues that may have been treatable may no longer be treatable. Also, mistakes that occur during surgery may create new injuries and problems. The victims of these mistakes may be entitled to compensation for the injuries they suffer through medical malpractice claims.

Statute of limitations for medical malpractice claims

People cannot wait forever to file a medical malpractice claim though. They must be filed within the statute of limitations which is generally two years and a half years after the malpractice occurs.

There are some exceptions to this general rule though. One is that if a foreign object was left in the body after a surgery, people have one year after discovery of the foreign object to file the lawsuit. If the malpractice was failure to diagnose cancer, it must be commenced within two years and six months of learning of the failure to diagnose, but must be within seven years of the failure to diagnose the cancer. It could also be commenced within two and a half years of the last date of continuous treatment for the cancer.

Most of the time people receive the care they need when they see doctors in New York. However, unfortunately, mistakes are made and people suffer significant injuries as a result. It is important that not only that the victims receive the compensation they need, but also hold medical professionals accountable for their actions. Medical malpractice cases can be more complicated than other personal injury cases though and consulting with experienced attorneys could be beneficial.