Statute of Limitations in Long Island Medical Malpractice Cases

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.

Statute of Limitations for Medical Malpractice Cases

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.

Exceptions to the Statute of Limitations

There are some exceptions to the 30-month statute of limitations for medical malpractice cases in Long Island, including:

Minor Children

The statute of limitations for medical malpractice does not apply to minors, who have up to ten years to bring their claim.

Continuous Treatment

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.

Foreign Objects in the Body

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.

Wrongful Death

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.

Hospitals Owned by the State of New York

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.

Hospitals, Clinics, or Labs Owned by the United States Government

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.

Reach Out to Discuss Long Island Medical Malpractice Cases and the Statute of Limitations

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.