Since most medical malpractice plaintiffs are not knowledgeable about the law, they may need to rely on a medical malpractice lawyer to assist them in seeking justice. One thing they should still be personally aware of, however, is the statute of limitations.
If a potential plaintiff is unaware of the statute of limitations in a Kingston medical malpractice case and how filing after this deadline could impact their recovery, they may lose their ability to seek compensation for their injuries altogether. Speaking to an experienced medical malpractice attorney to determine how long you have to file your case should be a high priority after your injury.
What Is the Statute of Limitations in Kingston Medical Malpractice Lawsuits?
The statute of limitations defines the total time that can elapse between an injury and the filing of a lawsuit before the lawsuit will no longer be valid. This law helps ensure that cases in Kingston are based on recent and valid evidence, thereby protecting defendants against lawsuits that stem from actions which allegedly occurred many years prior.
As per New York Civil Practice Law & Rules §214-a, potential plaintiffs in a Kingston medical malpractice case are given two years and six months from the date of their injury to file their lawsuit. Although an expired statute of limitations does not preclude a plaintiff or their attorney from filing a claim, it would typically allow the court to throw out the case once the defendant requests they do so. At this point, the plaintiff would no longer have a right to attempt to recoup their damages for that particular injury.
How Does The Discovery Rule Work in Medical Error Cases?
The statute of limitations in Kingston medical malpractice claims can be impacted by New York’s discovery rule in some cases. Many states have a much broader discovery rule, but New York’s rule only applies in cases where a surgical patient had a foreign object such as surgical instruments or sponges left inside of them.
In these cases, the proverbial clock would not start for the statute of limitations until the foreign object is discovered. The patient would then have one year from the date of discovery, or one year from when the discovery could have reasonably occurred, in which to file their case.
The Statute of Limitations for Continuous Courses of Treatment
In malpractice cases centered around continuous treatment, the statutory period begins upon conclusion of the course of treatment. In order for this exception to apply, the course of treatment provided by the physician must be continuous and for the same conditions or complaints supporting the plaintiff’s medical malpractice claim.
Adhering to the Statute of Limitations in Kingston Medical Malpractice Lawsuits
The statute of limitations in Kingston medical malpractice cases can be confusing for some potential plaintiffs, depending on the details of their claim. Many such plaintiffs choose to hire a medical malpractice attorney so that they do not have to figure out as a layperson how the statute of limitations and other injury laws apply in their case.
An attorney could help you ensure your medical malpractice case is filed well within the statute of limitations provided for in your circumstances. Learn more today by scheduling a case consultation.