How long do I have to file a medical malpractice lawsuit in New York?
Like lawsuits sounding in negligence, there is limited time in the State of New York to file a medical malpractice lawsuit. Generally, the time period for a medical malpractice action is two and one-half years from the date of the act or omission giving rise to the claim. However, depending upon the nature of the case and the identity of the defendant, the statute of limitations can be shorter, e.g., two years, one year and ninety days, or even ninety days. If the plaintiff is a minor, or of there is continuous medical treatment, is it possible for the statute of limitations period to be extended briefly. Claims filed beyond the statutory period are subject to dismissal. While we cannot tell you here exactly how long you have to file a lawsuit, you should know that every day counts and delay can be fatal to your potential claim. For specific limitations periods, contact us.
