(845) 802-0047Medical malpractice cases are time-sensitive, and lawsuits have strict filing deadlines. Failure to comply with the Hudson Valley cancer medical malpractice case statute of limitations could completely prevent victims from recovering damages.
If you think you were the victim of medical malpractice, you should not hesitate to contact an experienced medical malpractice attorney. They could handle the details of your case to ensure you meet all the deadlines. Call today to discuss your situation.
Date of Discovery Rule
In New York State, there is a two year and six months statute of limitations from the date of the diagnosis of cancer. If there was an imaging study that showed signs of cancer in 2011, but the diagnosis of the cancer was not made until 2017, the deadline to sue does not begin until the diagnosis of the cancer is made in 2017. From that date, the person who is bringing the claim has two years and six months to file a lawsuit.
That is called the date of discovery rule, and it only applies to two types of cases: cancer misdiagnosis and the discovery of a foreign object, which is a sponge or a surgical instrument that is left in the body. In the case of a foreign object, the person similarly has a date of discovery rule that is, in that case, only one year from the date of discovery of the foreign object.
Exceptions
The only way to extend the deadline to sue is through the continuous treatment doctrine. If the patient continues to treat with the doctor for the same medical condition, the deadline to sue does not begin to run until the patient stops treating with that doctor. Under the continuous treatment doctrine, the deadline to sue can be extended when the patient is treating with the same medical doctor for the same medical condition. The deadline to sue does not begin to run until that treatment ends.
What to Do When Approaching the Statute of Limitations
The most important thing to do when dealing with the Hudson Valley cancer medical malpractice case statute of limitations is to file the summons complaint and certificate of merit. That stops the clock from running. Filing the summons complaint and certificate of merit in any of the counties in New York State protects and preserves the rights of the injured party under the statute of limitations.
If it is unclear whether a valid claim exists, filing the lawsuit buys them an additional 120 days to serve the defendants. For example, if there was a deadline to sue that was going to expire in one day, they can file a summons complaint and certificate of merit, and that would give them an additional 120 days after they file those documents to determine whether the case has merit. After the 120 days expire, then the case is automatically dismissed.
Importance of Hiring a Hudson Valley Medical Malpractice Attorney
The first question an attorney needs to address is when the Hudson Valley cancer medical malpractice case statute of limitations expires. Once a person knows the specific date that the statute of limitations will expire, then they know that there is this one date that they should focus on to make sure that their rights are protected.
Complying with the statute of limitations is critical to the success of a cancer medical malpractice case. For this reason, it could be crucial to reach out to a dedicated attorney as soon as possible. They could fight on your behalf for a swift resolution to your case.