What is the Medical Malpractice Statute of Limitations

It’s Always Best to Talk to an Attorney About Your Case as Many Factors Can Come into Play

Every medical malpractice case is subject to a statute of limitations – a period of time in which a plaintiff is allowed to bring his or her claim by filing the complaint in court.  Unfortunately, many victims of medical malpractice, even those seriously injured by the negligence of their physician, are unable to file a lawsuit because they waited too long to get an attorney.

Statute of Limitations

Generally speaking, the statute of limitations for a medical malpractice case in New York is two and ½ years from the date of the treatment complained of.  However, depending upon the type of case and the identity of potential defendant(s) involved, these time limits can be much shorter or longer.  Time limits in cases involving municipal or state entities as potential defendants for example can be as short as 90 days from the date of the treatment complained but time limits can also be much longer depending on the age and the physical condition of the plaintiff when the treatment was rendered or on what type of medical condition is at issue and when the plaintiff discovered that he or she may have a medical malpractice case.  Obviously, determining what the statute of limitations actually is in a case can be complicated issue that requires a thorough discussion and analysis of the facts and parties involved, as well as the legal knowledge and experience to apply New York law to the facts and identities of the parties involved.

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If you believe you have been the victim of medical malpractice and want to find out if you still have time to file a case, and even if you think that you may have missed the statute of limitations for your case, you should still contact us today for a free consultation with attorneys experienced and knowledgeable in how New York statute of limitation law will apply to your case.


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