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The Statute Of Limitations For A Medical Malpractice Case In New York Explained

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The law is very specific when it comes to giving compensation, the procedure for filing suit, determining the extent of liability, and everything else. Thus, there is a limitation period which says that a person cannot file suit after the prescribed time. This is why it is essential to contact a qualified lawyer as early as possible if you have suffered an injury and seek a legal remedy. Even a delay of a minute can strip you of the available compensation; so act early.

If you are curious about the limitation period for medical malpractice claims, we are here to tell you everything. Our specialist New York medical malpractice lawyer has gone through the legal legislation deeply and has drafted the following post for you.

What is the limitation period or statute of limitations?

Before proceeding, it is essential to clarify what this term means. Since it is a legal term, it is acceptable that a layman might not know this; we at NYC Injury Attorneys P.C. are here to simplify the lingo for you.

The statute of limitations is a law restricting the time in which a person can file a lawsuit regarding any injury, death, harassment, etc. in any court. The time limit is different for different legal matters. Thus, it will be wise to consult a learned attorney like ours to file the case well in time.

What is the statute of limitations for a medical malpractice case?

The answer is given in New York Civil Practice Law and Rules section 214-a. According to the legal text, you will have two and a half years to file claims for medical negligence. Always get in touch with punctual and dedicated lawyers for timely executions. We are glad to say that we have always filed lawsuits for our clients before the expiry of limitation time as a successful New York medical malpractice lawyer.

From when does the limitation period begin to run?

Just knowing about the limitation period of two and a half years is not enough. The crucial question is from which day will you calculate two and half years? Well, it is calculated from the day when the person was injured or suffered health fatality due to any medical negligence, wrong treatment, etc.

At NYC Injury Attorneys P.C., we have had clients who could not make out the particular day on which they suffered adverse effects of medical malpractice. A well-versed law firm like ours will tell you about cases where the treatment is ongoing or it is impossible to determine the date of harm or injury. The answer is that the ‘discovery rule’ will apply in such circumstances.

It means that the person will have to file the case within the prescribed time when he discovers or comes to know about the medical malpractice. Please note that the limitation for a foreign object having been left in the patient’s body after surgery is one year and not two and half years.

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