Legal Question in Medical Malpractice in New York
Statute of limitations; location of lawsuit
I understand that the statute of limitations in new york
to bring a medical malpractice lawsuit is 2 1/2 years, but
in the case of the affected person's death, it is different.
What is the statute of limitations if the plaintiff dies ?
Also, must the lawsuit be filed in the county of residence
of the administrator of the estate, or can it be filed in
the county of residence of any of the surviving children ?
2 Answers from Attorneys
Re: Statute of limitations; location of lawsuit
A claim for wrongful death must be brought within two years of death.
Assuming there is jurisdiction over the defendant(s), the general rule is that a claim may be brought in the county where the administrator/executor resides and/or the county that issued letters testementery. Other issues may be implicated such as location of the witnesses, but are usually resolved by motions after filing. It is crucial that there be jurisdiction over the defendants. If there is not, the action can be dismissed.
Re: Statute of limitations; location of lawsuit
The wrongful death statute of limitations is 2 years.
The persons who suffered 'damage' are the distributees of the estate and not the individual.
Venue may be proper almost anywhere...it is not jurisdictional..even though there are 'rules' that apply to it.
Any questions, please feel free to contact me at 212-764-5428.
Good Luck
Robert R. Groezinger
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