Legal Question in Medical Malpractice in New York

Statutes of limitation for minors

Would like to know the statutes of limitation on medical malpractice for a minor. During ressection of a benign mennigioma of the left cavernous sinus cavity in Dec. 1998 my son now 18 had a stroke. He's permanently disabled. We were not given other medical options prior to the surgery. And we were not informed of the the medical reports of the MRI taken prior to surgery that showed an aneurysm at the tumor site. Thanks.

Asked on 3/19/04, 10:47 pm

3 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: Statutes of limitation for minors

Generally medical malpractice has a 2-1/2 year statute of limitations. It is usually "tolled" during infancy, that is, before the child turns 18.

The brief facts that you mention are not too clear to me but I hope that this answers your question. If not, feel free to contact me at 845-878-2163 or by e-mail at [email protected]

Good Luck.


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Answered on 3/20/04, 11:28 am
Eric Kochel The Law Office of Eric David Kochel, Esq., P.C.

Re: Statutes of limitation for minors

The general rule in New York is that any medical malpractice action must be brought within two and a half years from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. However, for minors you start counting this time on the day your son turns 18. So you have until he turns 19-1/2 to bring suit.

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Answered on 3/20/04, 5:40 pm
Eric Rothstein Rothstein Law PLLC

Re: Statutes of limitation for minors

I believe that the statute of limitations is 10 years, but I am not in my office so I cannot double check the statute. It is certainly worth pursuing as your son's condition is terrible and if there is a case, it is has significant value. Has any doctor said there was medical malpractice? If you want to discuss your son's case, please feel free to call me in my office at 212-622-7180 or email me.

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Answered on 3/20/04, 10:44 am

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