If you or a family member sustained injuries as a result of an act of medical malpractice, you might be entitled to seek compensation for your losses through a medical malpractice claim. Various healthcare providers could be liable for medical malpractice, including doctors, nurses, hospitals, and more. However, following the medical malpractice statute of limitations in Poughkeepsie is essential to maintaining a successful claim.
The statute of limitations is a strict deadline that injury victims must follow to recover compensation for their losses from the responsible parties. Failing to meet the statute of limitations can be fatal to a medical malpractice claim. Consulting a medical malpractice lawyer right away may be the most effective means of safeguarding your right to file a medical malpractice claim against negligent medical providers.
Defining the Statute of Limitations in Medical Malpractice Claims
Under N.Y. C.P.L.R.§ 214a, individuals must file all claims for medical, dental, and podiatric malpractice within two years and six months of the incident of misconduct that led to their injuries. Individuals initiate these claims by filing a complaint with the clerk of court in the appropriate state court. Although the lawsuits do not need to be resolved by the time that the statute of limitations expires, plaintiffs must file their initial complaints by that time.
In addition to this statute of limitations, there are particular initial deadlines of only 90 days for those who wish to file a medical malpractice claim against medical facilities owned by state or local government entities. Those who fail to bring their suits within the appropriate timeframe or statute of limitations likely will have their lawsuits dismissed. As a result, these injury victims will have no opportunity to hold negligent healthcare providers accountable for their actions.
Exceptions to the Statute of Limitations
State law does provide for some exceptions to the general statute of limitations for medical malpractice in Poughkeepsie. For example, if patients discover that a foreign object is in their bodies as a result of previous surgery, they have one year from the date of the discovery, or from the time of discovery of facts that would reasonably lead to the discovery of the object, whichever is earlier, to file their claims. Likewise, if a medical malpractice claim stems from a negligent failure to diagnose cancer or a malignant tumor, the injury victims must file their claims within two years and six months of the later of either:
- When they knew or reasonably should have known of the alleged conduct that caused the injury, but no more than seven years after the conduct occurred, or
- The date of the last treatment for their injuries, where there has been a continuous treatment for the injury, illness, or condition
Furthermore, if patients injured by medical malpractice meet the legal definition of insanity, the statute of limitations of two and one-half years to file a medical malpractice claim stops tolling. The statute of limitations does not restart until the patients regain their sanity. Still, individuals in this situation have a maximum of ten years from the date of the alleged malpractice to file their suits.
Exceptions to Timelines for Minors
The regular statute of limitations for medical malpractice cases does not apply to victims who are minors at the time of their injuries. Instead, the statute of limitations of two and one-half years does not begin to run until the 18th birthday of the injury victim. Nonetheless, as with insanity cases, minors have a maximum of ten years from the date of the incident to file their suits and meet the Poughkeepsie medical malpractice statute of limitations.
Medical Malpractice and the Poughkeepsie Statute of Limitations
Meeting the medical malpractice statute of limitations in Poughkeepsie is critical to a successful claim under state law. Although some exceptions exist, you never should assume that your case falls within those exceptions until you confirm it with an experienced personal injury lawyer. Otherwise, you risk losing your chance to seek compensation for their losses.
In addition to losing out on potential damages through a medical malpractice claim, if you fail to meet the statute of limitations, you may be unable to hold negligent medical personnel accountable for your losses. Seeking justice and preventing injuries to other patients also may be a significant objective of your medical malpractice claim.