Legal Question in Medical Malpractice in New York

Malpractice

What is the time frame after which you can no longer bring a medical malpractice suit against a physician? Within what time frame would your last appointment need to have been. i.e,. one year, two years etc.

This situation would be in New York State.

Thanks very much for your help.


Asked on 3/30/06, 10:28 am

2 Answers from Attorneys

David Simon Hogan & Rossi

Re: Malpractice

The statute of limitations for medical malpractice claims is 2 1/2 years. Speak to an attorney about the specific details of your case to determine whether that time may be tolled (extended) and also to figure out the date from which the clock started ticking.

Read more
Answered on 3/30/06, 10:39 am
Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Malpractice

The answer is not always simple.

While it may be simple to state that there is a "number of years", the tougher question is "when" that period begins to run,i.e.:

the date of the treatment,

OR the date of the last appointment,

OR the date you discovered that there was an

injury

OR whether some exception applies (e.g. minor, fraud).

These questions should be directed IN PERSON OR ON THE PHONE to a New York Attorney AS SOON AS POSSIBLE. Most do not charge for initial consultations and generally they will accept cases on a contingent fee basis (no charge unless you win money).

If there is any possibility that you have been injured by malpractice, and that the time you are allowed to sue is running out, you should call a New York licensed attorney TODAY to inquire about whether you have a case.

You do not benefit by delaying this phone call. I do not have a NY license. Many NJ based attorneys, especially North NJ, will also have NY licenses.

Read more
Answered on 3/30/06, 10:57 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in New York