There is a time limit to sue called the Statute of Limitations. If you don’t file the lawsuit before the statute of limitations, you lose your right to sue.
The most important question you can ask your lawyer is: Do I still have time to sue, and if so, when will the statute of limitations expire? You must get clear answers to these questions from your lawyer.
In New York, there are several different deadlines that might apply to your case. The statute of limitations for a medical malpractice case is two years and six months from the date that the doctor committed the malpractice, but in wrongful death cases, the statute of limitations is two years from the date of death. If the lawsuit is not filed within those deadlines, you lose your right to sue.
If you were treated at a municipal hospital or a Veterans Administration Hospital, there are shorter deadlines for the filing of the lawsuit. In a case against a municipal hospital, you must file a notice of claim within 90 days of the malpractice and a lawsuit must be filed within 1 year and 90 days following the malpractice.
In a case against a Veterans Administration Hospital, you must file a notice of claim called a Standard Form 95 within 2 years from the date of the malpractice. The claim is brought under a federal law called the Federal Tort Claims Act and under this law, you must first file the notice of claim before you can bring a lawsuit.
You should become very familiar with the Statute of Limitations that applies to your case and you should insist that your lawyer tell you exactly the date that the statute of limitations will expire.
Do you have questions? You can get our free ebook, The Seven Deadly Mistakes of Malpractice Victims, just by providing your name and email address at the home page of www.protectingpatientrights.com. We promise your information won’t be shared with third persons. And if you’d like to speak with me about your case, I welcome your phone call at 1-866-889-6882. I look forward to speaking with you.