How long to I have to file a birth injury or birth trauma lawsuit in New York?
Birth injury and birth trauma lawsuits, which are brought by a mother or father on behalf of an injured baby or infant, are governed by two separate limitations periods. The claim of a mother or father must be filed within two and one-half years from the date of the birth. The injured infant’s claim must be filed within the shorter of two and one-half years from when the child turns eighteen, or within ten years from the date of the act or omission giving rise to the claim. Under no circumstances can an infant’s claim be filed more than ten (10) years from the day the medical malpractice occurred. There is no continuous treatment exception. 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.
