Legal Question in Medical Malpractice in New York

statute of limitations

How do I apply for an extention to the statute of limitation on a medical malpractice case. I first gave my case to a big NY law firm and they were very busy ad kept telling me that thier doctor was reviewing my case (for about 8 months). I pulled my case away from them. They were going to help me apply for an extention but I found a new attorney who was ''almost certain she was going to take my case''. At that time, she asked that I write a letter to the firm that had my case prior to her disolving them of all obligations to me and my case. She did not want to share her 33% with them. A week ago, and a few days before my statute expired, she told me that she would not be able to take my case because she is a solo practicioner. She told me that her not being able to take my case has nothing to do with its merits. It was based on the fact that she was overwhelmed with other things. She told me that she would help me get and extention and has not return my calls after that.

Please help


Asked on 1/10/01, 11:22 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: statute of limitations

I received your post today.

There does not appear any likelihood for an extension, as this is not permitted by statute. The real question is when the statute of limitations expired. This can only be calculated from the start date, which may my moveable. Gerneally, it is 2 1/2 years from the "start" date.

Please let me know some more facts of the matter including when it occured and when you stopped treating with the physician/medical provider.

Feel free to contact me directly at [email protected]

Regards,

RRG

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Answered on 1/26/01, 1:54 pm
Joy Frank Joy Y. Frank, Atty-At-Law

Re: statute of limitations

Getting an "extension" on a Statute of limitations is virtually impossible. It sounds like if you have in fact missed the time to file an action and your underlying case has merit, that you have a legal malpractice action against the large law firm and/or the solo practitioner depending on the circumstances. You should review your case in more detail with both a medical and legal malpractice attorney.

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Answered on 1/30/01, 10:29 am


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