Statute of limitations in New York and the Discovery Rule

The last thing you want to be concerned about after being injured as a result of medical negligence is meeting goals. Sadly, our system is rigged with numerous pitfalls that could invalidate your claim if not recognized and avoided. The statute of limitations, which designates a constrained window of time within which you can file a lawsuit, is one of the most significant hazards.

The court will probably decline to hear your case if you try to submit a medical negligence lawsuit after the deadline has passed, leaving you with nothing but sorrow and mounting medical expenses. Albany Medical Malpractice lawyers can help!

The Medical Negligence Statute of limitations

For non-government institutions and medical professionals, the statute of limitations for medical malpractice claims in NYC is 30 months from the date of the accident. The time frames are much shorter if your accident happened at a city hospital: 90 days to submit your report and 12 months to file a case or insurance claim.

It is crucial that the process starts as soon as practically feasible because carrying out the required investigation and putting together your claim can take time.

What Is The Discovery Rule?

Sometimes it may take months or even years to realize that medical negligence was to blame for your disability. The disclosure rule is applicable in these circumstances, and the deadline “clock” begins once you establish a link between your harm and the prior medical malpractice. The discovery regulation is in force for both municipal and commercial healthcare services, which means:

  • Suppose a nearby hospital gave Joe a prescription for needless blood thinner. After taking it for two years, he learned that the drug caused severe side effects. He would then have 90 days from when his health situation was found to submit a report, and he would have one year to file a claim.
  • In the same situation, he would have 2.5 years from his finding to initiate the lawsuit if the hospital was private.

What Are The Exceptions To The Statute of Limitations?

However, there are some deviations for particular situations:

  • Minors: Since the statute of limitations for minors starts when the victim reaches 18, a medical malpractice claim involving a 14-year-old victim may be brought up to six and a half years after the incident or five years later.
  • Continuous treatment: If you can show that you are getting ongoing care, the “clock” will start once the care has stopped.

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