Suppose you or someone you love is injured or, in a regrettable event, dies due to the error of a nurse, doctor, surgeon, anesthesiologist, or another medical professional. In that case, you may have grounds for a medical malpractice lawsuit.
There are specific criteria necessary for a situation to qualify as medical malpractice, and the actions of the doctor or other medical professional must have significantly deviated from the accepted protocol for healthcare professionals. Medical malpractice lawsuits are challenging to prove, and the burden of proof lies upon the patient.
Understanding the laws and procedural rules around medical malpractice lawsuits in New York is essential. There is a statute of limitations and the “certificate of merit” required for most malpractice lawsuits; however, there are also some exceptions. This article will give you a basic outline to help you understand what qualifies as medical malpractice, its laws, and its exceptions.
New York Statute of Limitations For Medical Malpractice Lawsuits
Each state has specific guidelines for filing medical malpractice lawsuits. The New York statute of limitations requires medical malpractice cases to be filed within two years and six months from the date of the malpractice. Another option is that the patient may make claims from the end of continuous treatment rendered by the party or entity you intend to sue for a particular condition, illness, or injury.
New York’s “Discovery” Rule
Unfortunately, in some instances, patients are unaware that a medical professional’s negligent actions have caused them harm, injury, or even death until later on. There are only two circumstances where the “discovery” rule applies.
Exceptions to the Medical Malpractice Statute of Limitations
Foreign Objects
In New York, if a foreign object such as a surgical instrument or sponge is left in a patient’s body by a physician or medical professional, the patient can file a medical malpractice lawsuit within one year. In some cases, the patient may file a claim within one year of learning information that leads to the discovery of foreign objects left in their body or the body of a loved one, whichever occurs earlier.
Continuous Treatment Doctrine
Another exception to this timeframe falls under the continuous treatment doctrine. If the health care provider’s errors occur during ongoing treatment for an injury or illness, the 30-month statutory time begins once the treatment has been completed.
One of the reasons for this exception is to acknowledge that a patient filing a medical malpractice lawsuit while receiving treatment could be adversely affected, and the patient’s level of care may be compromised due to medical negligence. However, as soon as the patient completes their treatment with the provider, the statute of limitations timing begins.
Insanity
If the patient meets the legal definition of insanity at any time, the 2.5-years statute of limitations in the State of New York stop. If or when the psychiatric disability ends, the clock begins again.
Minor Children
In the State of New York, the statute of limitations for medical malpractice does not apply to minor children. However, on the 18th birthday of the child, the 30-month clock will begin.
Also, there is an exception to the exception: the period may not exceed ten years. For example, when a baby is injured during childbirth, the child’s parents would only have to file a medical malpractice lawsuit before the child’s tenth birthday. The same ten-year limit applies to circumstances involving a foreign object being left in a child’s body.
Wrongful Death
There are two options in the unfortunate event that a loved one dies, which is believed is due to a medical error.
- File a claim within two years from the date of death
- File a claim as a representative for the patient’s estate to recover costs related to their health care before death
Relatives have 30 months to file a claim, although it may be possible to extend the timeframe should the patient meet one of the above qualifying exceptions. It is also essential to understand that the statute of limitations for filing a wrongful death claim could expire before the lawsuit for damages before the patient’s death.
Requirements to File a Medical Malpractice Lawsuit in New York
Two fundamental elements you must prove in a medical malpractice lawsuit include:
- The medical provider, doctor, anesthesiologist, or other medical professional providing your or your loved one’s care, made a mistake, or negligent act
- The error or negligent act resulted in you or your loved one being injured or dying
If the provider treated you according to the medical standard of care in the State of New York, you most likely do not have a viable New York medical malpractice lawsuit.
Understanding the complex medical malpractice laws and their exceptions can be challenging. If you think you or your loved one was a victim of medical malpractice, consult an experienced medical malpractice lawyer.
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When you or someone you love is injured or a death occurs due to negligence or error by a medical professional, it is emotionally and mentally exhausting. The Law Offices of Steve Newman are here to help determine if you have a medical malpractice lawsuit. Contact us today!
