Special Requirements in New York Medical Malpractice Cases


In New York, there are special rules and procedures that need to be followed in medical malpractice cases.

When suing a New York medical professional, it is necessary to submit a claim within thirty (30) months from the date the malpractice occurred.  This is known as the “statute of limitations.”  Failure to commence a lawsuit within that period of time will lead to dismissal of the case.

In some cases, the statute of limitations can be extended.  For example, if a foreign object is left inside the patient’s body, then the statute of limitations will begin on the date the object was discovered.  Additionally, in cases where a child has been injured, the statute of limitations has a ten (10) year start period.

Before a medical malpractice lawsuit is commenced, an attorney will begin extensive interviews to gather as much relevant information as possible.  Authorizations for medical records will also be requested.  The attorney is also required to have the case reviewed by a physician who specializes in the same field in which the negligence occurred.

Once this has been completed, “bills of particular,” which detail the information regarding the patient’s medical history, the treatment they have received and the damages they have suffered due to the negligence.  The court will then schedule a “Preliminary Conference” at which the attorneys for both sides will be present.  The attorneys will converse about the materials they need to receive from each other and request further authorizations if necessary.  Depositions will then be ordered for all parties.

Once all the investigative work has been completed, the case is marked for trial at another conference.  A “Note of Issue” is filed, placing the case on the trial calendar.

Juries in medical malpractice cases are asked questions about liability, if they believe that the medical professional did not provide the patient with reasonable, and the patient was injured as a result.  The jury will also decide the monetary award to the patient if it is found that reasonable care was not provided.

If the patient is successful, a “Judgment” is prepared, which states the amount of money the jury has awarded.

Questions about New York medical malpractice cases? Let me know!

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.