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(516) 394-4200
Medical malpractice can be difficult to prove, but that does not mean you should give up your right to pursue compensation and justice. At Duffy & Duffy, we highly recommend becoming better acquainted with the legal steps you must take to file a medical malpractice claim. First, make sure you understand the statute of limitations in Long Island medical malpractice cases.
A medical malpractice attorney could answer your questions about the statute of limitations and guide you through the entire lawsuit process.
In Long Island, and the rest of New York, the statute of limitations for medical malpractice is two years and six months, or 30 months, from the time of the injury. This means the patient who was injured or harmed due to a medical error that could have been prevented has a limited amount of time to file a claim against the medical professional whom they consider at-fault for the harm. There are several exceptions to the rule.
There are some exceptions to the 30-month statute of limitations for medical malpractice cases in Long Island, including:
The statute of limitations for medical malpractice does not apply to minors, who have up to ten years to bring their claim.
If the injured or harmed patient is receiving ongoing treatment from the medical provider that they intend to file a lawsuit against, the 30-month time limit begins after the patient has finished the ongoing treatment.
If a doctor left a foreign object, such as a scalpel, inside a patient’s body, there is only one year to file a medical malpractice claim from the date the foreign body is discovered.
If the medical error resulted in death, the family may file a wrongful death claim against the at-fault medical professional within two years of the date of the death. There is another option to file a claim as a representative of the deceased person’s estate, which an attorney could explain in detail.
Patients who wish to file a medical malpractice lawsuit against a hospital owned by the state must file the lawsuit or a notice of intent to file a claim within 90 days of the date of the injury. Then the patient must file a claim within two years from the date of the malpractice.
An injured patient filing a medical malpractice claim against a hospital owned by the U.S. government has a two-year statute of limitations, per the Federal Torts Claims Act (FTCA). If the agency denies the claim, the claimant has six month from the date of denial to file a lawsuit in federal court against the United States of America.
If there is any doubt about the length of time that is legally allowed to file a medical malpractice claim, discuss it with a medical malpractice attorney.
Do not hesitate to contact an experienced attorney at our law firm concerning the statute of limitations in Long Island medical malpractice cases. We have years of training and experience dealing with these types of cases.
Contact us today to schedule a free case evaluation and consultation. You do not have to tackle these complicated legal matters by yourself.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
