Injuries sustained from a medical malpractice incident can last a lifetime. The statute of limitations in Hudson Valley medical malpractice cases is important for this reason, as you may not know when complications from an accident may occur. A Hudson Valley personal injury lawyer may know how to abide by the statute of limitations and build your case.

By contacting a compassionate medical malpractice attorney, you could learn more about your rights and get what you deserve.

What is the Statute of Limitations in Medical Malpractice Cases?

The statute of limitations in Hudson Valley medical malpractice cases varies. The basic deadline to bring a lawsuit in New York State is two years and six months from the date of the malpractice. With a child, that deadline is 10 years. However, if the child reaches the age of 18, at that point the child would have two and a half years from the age of 18 to bring a claim. The statute of limitations also depends upon the type of entity that is being sued. If they do not meet the deadlines for bringing the lawsuit, they lose all of their rights.

If the hospital is a private entity, the statute of limitations is two and a half years from the date of the malpractice. There was one recent change in the law in a case involving a delay in the diagnosis of cancer. The new law, which is called Lavern’s Law, gives the person who was injured two and a half years from the date that they discovered the diagnosis.

Example of Statute of Limitations

If a patient had a chest x-ray, and that chest x-ray showed an abnormal mass in their lung. In 2017, the patient was informed that that abnormal mass in their lung in 2011 was, in fact, the beginning stage of lung cancer. Ordinarily, under New York law, the patient would have two years and six months to bring a lawsuit and, after that, they waive their rights. But they did not find out about the misdiagnosis until 2017. In that situation, New York law gives them two years and six months from the date that they discovered the diagnosis of cancer.

It is not the date of the standard of care deviation; it is the date that they discovered the diagnosis. From that 2017 date, they would have an additional two years and six months to bring the lawsuit.

Foreign Object Exception

If a surgical instrument, a needle, or a sponge is left inside someone’s body during an operation and they do not find out about it until 10 years later, under New York law they would have two and a half years from the date that they discovered the foreign object to bring a claim. They are not responsible to bring a claim until they become aware of the presence of the surgical instrument or sponge, called the foreign object. From the date that they become aware of the foreign object, the needle or the sponge, they have two years and six months to bring a lawsuit. The statute of limitations in Hudson Valley medical malpractice cases may warrant for another extended period for the plaintiff.

Contacting a Hudson Valley Medical Malpractice Attorney

Dealing with the statute of limitations in a medical malpractice case could be tricky. If you would like to learn more about this and defend your rights, contact a caring personal injury attorney as soon as possible. A compassionate medical malpractice lawyer should have experience filing claims within the statute of limitations in Hudson Valley medical malpractice cases. Work with an experienced legal advocate that could fight for you.