Medical Malpractice in New York
Statute of Limitations: 2½ Years (statute of limitation does not begin for minors until 18th birthday, or up to 10 years after after alleged malpractice regardless of minor’s age)
Discovery: 1 Year from Discovery of Foreign Object
Liability Rules: Shared Fault/Pure Comparative Negligence
What You Should Know
If a patient is misdiagnosed, harmed before, during or after any medical treatment, or injured due to lack of treatment, they may qualify for filing a medical malpractice case. Each state has their own set of laws surrounding medical malpractice cases. Below we cover a general outline of what you need to know in the case of filing a medical malpractice in the state of New York
Statute of Limitations
A Statute of Limitations is the deadline or time period in which you have to file a medical malpractice case. In New York, a patient has two and a half years to file a medical malpractice case from the date in which the alleged malpractice occurred, other than the exceptions under the discovery rule, below.
Prior to any exceptions, here is what must first be established or able to be proven in order to file a claim:
- The physician or health care provider owed the given patient any ‘duty’. For example, further treatment, alternate care, guidance, etc.
- The standard of care for the given illness or ailment failed to be met. Each surgery or treatment has a set of conditions, or standards, that must be met in order to be considered acceptable, or at the most basic level, complete.
- There is a compensable injury. Unfortunately not all injuries are compensable. A worst case scenario for medical malpractice is fatality. However, if there are reconcilable damage to the patient that can be rectified to some degree, that will help in filing a claim.
- Lastly, not only does it have to be proven that the standard of care was breached, but also that it was the cause of harm or damage to the patient. For example, if indeed a doctor did neglect the standard of care for a given treatment, but that was not the cause of harm or injury to the patient, it may not be enough to open a case.
Discovery of Foreign Object Rule
The exception to the statute of limitations in the state of New York is when the patient discovers a foreign object was left inside of a patient’s body. They have one year to bring the case to court upon discovering the foreign object or upon the date in which they should have reasonably discovered the foreign object. The discovery rule helps the person filing for a medical malpractice claim by supporting the notion that they did not, and could not have reasonably, know their injury or pain was due to negligent healthcare or physicians until the foreign object was discovered.
New York has very specific limitations on when a medical malpractice case may be filed. Without proper attention and support, a medical malpractice case may be very difficult to manage without experienced guidance and knowledge. For medical malpractice cases, it is best to hire a professional attorney. At Buckingham Barrera Law, we offer the highest care and service. If you find yourself dealing with neglectful physicians or healthcare providers, give us a call us for a free consultation.
How Can We Help You?
If you or a loved one have been injured in the state of New York, contact us at 432.570.1919 or email us using the form below for your free, no-obligation consultation. The Buckingham Barrera Law Firm has helped thousands of people in multiple states get the compensation they deserve for their injuries.