Legal Question in Medical Malpractice in New York

Medical Malpractice

I live in New York and I want to take legal action against a hospital due to the dealth of my husband. He died in December 2008, how long do I have to commence this action


Asked on 6/13/09, 5:49 pm

3 Answers from Attorneys

Re: Medical Malpractice

If the medical malpractice was the cause of death, figure two years from date of death to start the case. But groundwork must first be laid. Probate will/or appoint an administrator. Either takes time. Advisable to get started sooner than later. Best, M. E. Zuller

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Answered on 6/14/09, 8:52 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Medical Malpractice

You have 2 years from the date of your husband's death. If you believe that you have a case and want to sue the hospital you need to first have standing. In order to get standing you have to become the Executrix and/or Administratix of your husband's estate. Then you should get all of the hospital records and insurance/Medicare records.

If you want to talk to an attorney about your husband's case and your husband died due to medical negligence, please give me a call. Please note that hospital malpractice cases are extremely hard to prove and only those cases with high economic and non-economic damages (pain and suffering). In fact, these cases are amongst the hardest cases to bring. As a rule most attorneys do not take on these cases when it involves an older person who was not working or supporting any children when he died.

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Answered on 6/13/09, 7:40 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Medical Malpractice

I am so sorry for your loss. You have 2 1/2 years from the date of the medical malpractice and, in some instances, longer than that. If you like you can contact me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. We have convenient locations all over New York. You can also visit our web resource and search medical malpractice at www.1800wefight.com. We can have a lawyer come to you upon request. Thank you for contacting our law firm.

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Answered on 6/16/09, 6:48 pm


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