(845) 802-0047Someone who has experienced severe injuries following an incident of stroke medical malpractice may feel extremely frustrated. They trusted a medical professional to attend to their needs but instead suffered even more injuries due to negligence. As a result, a person may want to file a lawsuit against the reckless physician or medical provider. Before filing, a person should consider the statute of limitations for Hudson Valley stroke medical malpractice cases. A skilled stroke medical malpractice lawyer could review the factors surrounding your case and work to help a person comply with the legal timeframe of filing a lawsuit.
Understanding How the Statutes of Limitations May Impact a Case
An injured person typically has two years and six months from the date of the accident to bring a lawsuit. If death is involved, then the estate of the decedent has two years to file the lawsuit from the date of death. A plaintiff has two years from the date of death, two and six months if the person survives. If there is a municipal hospital involved, then there is a 90-day deadline to file a notice of claim, which is a legal document that notifies the municipal hospital of a potential claim, where it occurred, when it occurred, and what the damages are. In short, the deadline to sue would be on the earlier date when the doctor deviated from the good and accepted medical standards of care.
In an addition to filing the notice of claim, the lawsuit has to be filed within one year and 90 days from the date of the negligence if it involves a municipal hospital. If the person is dealing with the Veteran’s Administration Hospital, a claim can be brought under the Federal Tort Claims Act and the Standard Form 95 must be filed within two years of the date of the negligence. For every claim against a Veteran’s Administration Hospital, this standard form notice of claim must be filed. After a six-month waiting period, the person can bring a lawsuit in federal court under the Federal Tort Claims Act against the United States of America. Speak with a qualified personal injury lawyer to discuss the statute of limitations in Hudson Valley stroke medical malpractice cases. They could examine the different factors that may have contributed to the medical error and work to hold the careless physician responsible.
Potential Exceptions That May Extend the Statute of Limitations
Generally, the only exception for the medical malpractice statute of limitations in New York is when the patient continues treating with the doctor for the same medical treatment. For example, when a person goes to primary care with classic symptoms of a stroke, the doctor may fail to diagnose the condition but continue treating the individual for the same medical complaints. The deadline to sue does not usually begin until the doctor stops treating the individual for those complaints. This exception is outlined in the continuous medical treatment doctrine, which extends the deadline to sue where there is continuing medical treatment by a physician for the same medical condition.
Call a Lawyer About the Hudson Valley Statute of Limitations for Stroke Medical Malpractice Cases
Regardless of your situation, you may substantially benefit from speaking with an attorney about the statute of limitations for Hudson Valley stroke medical malpractice cases. They could listen to your needs and help formulate an effective legal course of action. If you believe a physician failed to diagnose your stroke symptoms and caused further injury, contact a skilled medical malpractice attorney. They could help defend your rights to quality health care and fight to secure fair compensation for the recklessness you endured. Call today.