Legal Question in Medical Malpractice in New York

Medical Malpractice

What is the Statue of limitations for

medical practice? How many years

from the event can someone pursue a

lawsuit?


Asked on 1/10/09, 12:32 am

3 Answers from Attorneys

Re: Medical Malpractice

Generally, two and one half years from the last day of continuous treatment. If the case involves discovery of a foreign instrument in the body years after a surgery, a claimant gets one year from the date of discovery. Best, M. E. Zuller

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Answered on 1/10/09, 10:59 am
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Medical Malpractice

I am very sorry for your terrible situation. In New York the statute of limitations on medical malpractice claims is 2 1/2 years from the date of the malpractice or, in some circumstances the date of discovery. If it is against a city entity you have to file a Notice of Claim within 90 days and the statute of limitations is 1 year and 90 days. If you have an infant the malpractice statute is tolled (frozen) until the infant reaches majority. I would be happy to answer any questions specific to your situation for free. Contact me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. We have convenient locations all over New York and will send a lawyer to speak to you for free about your case. You can also visit us on the web at www.1800wefight.com. I look forward to helping you in your trying time.

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Answered on 1/10/09, 2:25 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Medical Malpractice

Generally it is 2 1/2 years but the time limit is shorter if you are suing a municipal or federal entity.

Please note that med mal cases are very difficult so unless you or a loved one were significantly damaged, I would not pursue the case.

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Answered on 1/10/09, 3:00 am


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