Medical malpractice claims can arise out of several different types of situations. Acts of omission, failure to diagnose, medication or surgical errors, and various other mistakes can all result in a valid medical malpractice claim.
No matter what type of claim you are filing, you are required to abide by the statute of limitations applicable to medical malpractice cases in Newburgh. Hiring an experienced medical malpractice attorney could help ensure that you file your case within the mandated deadline.
What is the Statute of Limitations for Medical Malpractice Cases?
A statute of limitations places a deadline on a potential plaintiff’s right to file a lawsuit. However, different application deadlines are depending on the type of case a plaintiff wishes to file. In most situations, the statute of limitations for medical malpractice cases in Newburgh is two years and six months from the date of the injury, as per New York Civil Practice Law and Rules §214-a.
However, there are a few exceptions to this rule. For instance, if a patient has a foreign object such as surgical equipment or sponges left inside of them after surgery, they must file their claim within one year of the date they discovered—or reasonably should have discovered—this problem. If a potential plaintiff is filing a claim based on a series of treatments, the statute of limitations may run from the date of the last treatment.
Recently, lawmakers added another exception for cancer patients. In a revision to the aforementioned statute, patients diagnosed with cancer can now rely on a discovery rule under which the statute of limitations does not begin until the date they discover or should have discovered their injuries were caused by malpractice. An attorney could further explain the statute of limitations for medical malpractice cases in Newburgh as well as any exceptions that may be applicable.
Filing After the Statutory Deadline
If a claimant files their case after the period set by the statute of limitations has elapsed, the plaintiff may never be able to receive compensation for their damages. If they are still able to file the case, the plaintiff may face arguments from the defendant and their legal counsel to throw the case out due to the expired statute of limitations.
The medical malpractice statute of limitations applicable to Newburgh is in place to ensure just litigation of these lawsuits. It could be unfair for a defendant to face a lawsuit based on a malpractice incident that allegedly occurred several years ago, as they may not have the records, witnesses, or memory to defend themselves against the claims.
Learn More About Newburgh Medical Malpractice Statute of Limitations From a Qualified Attorney
Injured victims of medical malpractice may put their potential compensation at risk if they do not fully understand the statutory deadlines associated with their case. To ensure your case is filed promptly and discuss the applicable medical malpractice statute of limitations in Newburgh, you should get in touch with legal counsel. Call today to schedule a consultation with a medical malpractice attorney.