A statute of limitations in medical malpractice is the deadline to bring a lawsuit. Once the statute of limitations expires, there is nothing that a lawyer can do to help an individual bring a lawsuit forward.
Being injured due to the negligence of your medical practitioner, or medical institution is a devastating experience. From medical bills to lost wages, to pain and suffering, you deserve to receive compensation for your troubles.
If you are interested in filing a lawsuit, speak to a capable medical malpractice lawyer. A qualified attorney may have experience following the statute of limitations in Albany medical malpractice cases and could file your claim within the allotted time frame.
Statute of Limitation Deadline
The statute of limitations in Albany medical malpractice cases varies depending on whether the person filing a claim is a minor or adult. While a minor will have 10 years from the date of the malpractice to bring a lawsuit; an adult has two years and six months from the date of the malpractice to bring a lawsuit.
Are There Separate Deadlines for Different Entities Being Sued?
The statute of limitations will vary depending upon the entity that is being sued. If the entity is a municipal hospital such as Upstate University Hospital in Syracuse, New York, the deadline to bring a lawsuit is two years from the date of the malpractice. In addition, the person bringing the claim has to file a notice of claim within ninety days of the date of the malpractice.
In other types of municipal hospitals, the deadline to sue is one year and 90 days from the date of the malpractice, and the person bringing the claim has to file a notice of claim within ninety days of the date of the malpractice.
Can an Individual be Eligible for Extensions?
While the statute of limitations in Albany medical malpractice cases rarely gets extended, there are exceptions.
If the person bringing the claim has some type of mental disability or is unable to bring the claim on their own, they will be given an extension. Additionally, in cases in which a foreign object is left inside a patient’s body during surgery, the injured party has two years and six months from the date that they discover the foreign object to bring a lawsuit.
Trial Date and Eligibility
As long as an individual files a lawsuit before the deadline to sue expires, they will be eligible to go to trial. Even if an individual electronically files a summons, complaint, and certificate of merit on the day before their statute expires; they still have a right to go to trial. Whether the trial takes place a year or five years later, is irrelevant.
Speak to an Attorney
The statute of limitations in Albany medical malpractice cases vary greatly. Depending on whether an individual has a disability, is an adult, is a minor, or who they are trying to sue, the statute alters.
If you are considering filing a suit, it is recommended that you speak to an experienced medical malpractice attorney who could walk you through the details of your case to ensure that you meet the deadline to file.