There are so many technical and complicated parts of medical malpractice, that sometimes it is interesting to just talk about some quick facts to education and inform readers. Here is a collection of some quick facts you should know:
Medical Malpractice Statute of Limitations - the statute of limitations is a time limit on claims, and starts to tick when the negligent act or omission constituting medical malpractice occurred. In New York, victims of medical malpractice only have two and a half (2 1/2) years to commence a claim before the statute of limitations expires. There are some exceptions.
Children in Medical Malpractice Cases - Children have a special statute of limitations period which tolls, or pauses, the statute of limitations from running for 10 years then it is expired. Thus and intact suffering a birth injury has until age 10 to commence a lawsuit. This is a helpful extension but best practices are still to file within the 2 1/2 years.
Discovery Rule - foreign objects left inside patients get an additional year from the date of the discovery or when the foreign object should have been discovered to commence a lawsuit, or the initial 2 1/2 years—whichever is longer.
Lavern’s Law - this was just passed by the Senate and Assembly but has not been sent to the Governor for signature yet. This law extends the time to commence a medical malpractice lawsuit due to a cancer misdiagnose another 2 1/2 years from the date of discovery of the misdiagnosis and medical malpractice. This is a great thing because most cancer misdiagnosis cases do not realize the medical malpractice until after the statute of limitations has expired. Lavern’s law is named after a victim who was misdiagnosed and likely could have been saved, when the cancer was discovered it was more than 2 1/2 years from the diagnosis and she could not commence a lawsuit. The cancer spread to multiple parts of her body and she unfortunately died due to the medical negligence of doctors without any rights.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.