(845) 802-0047If you have been hurt by a healthcare provider’s negligence, it is essential to understand your rights and privileges under the law to effectively pursue justice and compensation for your losses. Under New York law, there is only a limited time in Schenectady to pursue legal action within the designated period could cause the court to refuse to hear your case. Contact an experienced medical malpractice lawyer today to learn how to start your case.
The Statutory Deadline for Schenectady Medical Malpractice Cases
Each state has specific deadlines for filing medical malpractice lawsuits, under a statute of limitations. This deadline provides victims of alleged medical malpractice a certain window of time in which to get a lawsuit filed. New York Consolidated Laws, Civil Practice Law and Rules, §214-A requires a lawsuit for medical malpractice to be commenced within two years and six months of the date of the alleged malpractice. If the healthcare provider’s alleged malpractice occurred during the course of ongoing treatment, the timeframe does not begin until the course of treatment is finished.
A number of exceptions may apply to the statute of limitations depending on the circumstances surrounding a plaintiff’s injury. As an example, the statute of limitations could be extended if the defendant health care provider left the state after committing the alleged malpractice. Alternatively, if the malpractice victim was mentally disabled or ill, the time limit might also be prolonged.
The Limited Discovery Rule
New York’s discovery rule is an exception to the statute of limitations in Schenectady medical malpractice claims when the victim could not have reasonably learned they had a viable medical malpractice case. The discovery rule has more limitations in New York than in other states, as the rule is only applicable in cases where a foreign object (such as a surgical instrument or sponge), is left in the patient’s body.
In such cases, the statutory limit is one year from the date of discovery of the foreign object, or from when the object should have been reasonably discovered.
The Statutory Deadline for Minor Children
The statutory deadline in Schenectady medical malpractice cases for minor children does not start until the child turns 18 years old. However, regardless of the child’s age when the alleged malpractice occurred, the statute of limitations cannot extend more than ten years after the incident took place or after the foreign object in the individual’s body was discovered or reasonably should have been discovered.
Speak with an Attorney About the Medical Malpractice Statute of Limitations in Schenectady
If you do not file your lawsuit before the medical malpractice statute of limitations in Schenectady has passed, you could lose your right to sue the healthcare provider unless you fall under one of the exceptions established under New York law. If you are injured from the negligence of a healthcare professional, a seasoned medical malpractice attorney could provide dedicated advocacy to gain compensation for your damages. Call the office today to review your case and discuss the next steps for your claim.