Medical Malpractice Statute of Limitations

What is the Statute of Limitations in New York for a medical malpractice case? In NY the time to sue a doctor, hospital, or medical professional is two and one half years (2.5 years) from the date of malpractice, or the last date of continuous treatment. The time for an infant (someone under the age 18) to sue  for medical malpractice is 10 years from the date of malpractice or two and one half years (2.5) from the time the infant turns 18, whichever is shorter. The time period to sue for medical malpractice is shorter when it comes to hospitals owned and operated by a governmental agency such as the City of New York. A notice of claim must be filed against a City hospital (such as a hospital operated by the NYC Health & Hospital Corporations) within 90 days of the malpractice, even if the victim is an infant. There are some ways to extend the statute of limitations.  For example if the injured party is continuously treated by the doctor who committed the malpractice for the condition in issue, the statute of limitations is two and one half years from the last date of the continuous treatment.  If a foreign body is discovered in the body of the patient, the statute of limitations may be extended to one year after the discovery of the foreign object, or discovery of facts which would reasonable lead to such discovery. If you or someone you know suffered damages due to medical malpractice you should contact an experienced NY medical malpractice attorney to discuss your rights.  Zalman Schnurman & Miner P.C.  provides free consultations on medical malpractice cases and all cases are handled on a contingency fee basis so there is no fee if there is no recovery.  Call 1-800-LAWLINE (1-800-529-5463) for a free medical malpractice consultation.  

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