Legal Question in Medical Malpractice in New York
My son is 18, he was born with sever mental and emotional defect. is it too late to sue
Asked on 1/31/10, 5:01 am
3 Answers from Attorneys
Jason Kessler
Law Offices of Jason B. Kessler, P.C.
Yes it is too late to sue. A minor in NY has 10 years from the date of the negligent act or omission to sue a medical provider.
Answered on 2/05/10, 5:50 am
Pasquale Calcagno
Calcagno & Associates, PLLC
Yes I am affraid that the statute of limitations in New York for a medical malpractice claim has expired in this instance. New York law provides that an infant has no more than 10 years from the date of the incident to file a summons and complaint. If you have any other questions please feel free to contact me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT or visit us on the web at www.1800wefight.com for access to useful resources involving medical malpractice claims and personal injury matters.
Answered on 2/05/10, 1:29 pm