Legal Question in Medical Malpractice in New York

Malpractice suit against a deceased party

My father, a radiologist who moved from New York to Pennsylvania in October of 04 and died May of '08, has just been named in a malpractice suit dating back to that same October. My mother has been served with papers in his stead. His main malpractice insurance (since discontinued as he was no longer practicing in New York State) covers him/his estate for this case. His 'excess' malpractice insurance does not. What options does my mother, as representative of his estate, have to protect the only money she has to live on?


Asked on 3/24/09, 1:05 pm

1 Answer from Attorneys
Jason A. Richman Jason A. Richman, Esq.

Re: Malpractice suit against a deceased party

The statute of Limitations in New York for medical malpractice is generally 2.5 years from the date of the malpractice. There are factors that can extend a plaintiff's time to file a suit. First your mother should actually consult with a defense attorney with respect tot the viability of the underlying suit. Then depending on how your father's estate was administered, you mother's inheritance may not even be subject to the plaintiff's suit. This is rar too complicated and important a question to handle exclusively over the internet. You should consult with an attorney in your part of the country. If you need help in locating one please feel free to contact me. Though i would not be able to assist you directly, I would be hapy to help you locate an attorney who could.

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Answered on 3/24/09, 2:58 pm


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