(845) 802-0047Medical malpractice claims, like other personal injury claims, are subject to a specific statute of limitations, or an allowable timeframe in which individuals can file their claims in court. Although state law establishes a general medical malpractice statute of limitations in Troy, the law also provides for various exceptions to different kinds of malpractice claims.
Consulting a knowledgeable medical malpractice lawyer who regularly handles medical malpractice cases could be vital to reaching a favorable resolution to your claim. Conversely, failing to meet the statute of limitations could deprive you of the ability to recover compensation for your losses.
Medical Malpractice Claims and the Statute of Limitations
Every state has different laws that govern the length of the period in which individuals must file specific types of lawsuits, including medical malpractice claims. Failure to meet the deadlines that these laws or the statute of limitations for medical malpractice in Troy proscribes can result in the dismissal of the suit, and medical malpractice is no exception. N.Y. C.P.L.R.§ 214a generally allows victims of medical malpractice to file their claims within two years and six months, or 30 months, of the date on which the alleged misconduct occurred.
Are There Extensions of the Statute of Limitations for Some Malpractice Claims?
Despite this general rule, state law also provides for an extension of the statute of limitations in some medical malpractice cases. One such exception is the discovery rule, which applies when individuals discover that doctors or surgeons have left behind a foreign object in their bodies after a medical procedure. In this case, injury victims have either one year from the date that they discovered the object or discovered facts that reasonably would have led to the discovery of the object, whichever is earlier, to file their claims.
Another potential extension of the Troy medical malpractice statute of limitations involves medical providers who negligently fail to diagnose cancer or a malignant tumor. This situation might arise from failure to order specific diagnostic tests or attributing some symptoms to other medical conditions.
When this scenario occurs, the statute of limitations of two and one-half years does not begin to toll until the injury victims know or reasonably should have known of the malpractice or when the date of the last treatment for the medical condition occurs, whoever is later. In no event, however, can injury victims file a medical malpractice suit more than seven years after the date of the alleged malpractice incident.
Unique Exceptions to Minors
Various exceptions to the general medical malpractice statute of limitations also exist. One common exception is for minor children who fall victim to medical malpractice. For these injury victims, the statute of limitations does not begin until their 18th birthdays.
However, minors do not have an indefinite amount of time in which to file their medical malpractice claims under state law. They must file their claims no more than ten years following the date that the alleged malpractice incident that led to their injuries occurred. In other words, if medical malpractice injures a child at birth, the parents must file a medical malpractice claim against the child no later than the tenth birthday of the child.
Can Someone Bring a Claim Against Government Owned Entities in Troy?
Many hospitals and other medical care facilities are owned by government entities, including cities and states. If individuals wish to bring a medical malpractice claim against one of these entities, they must give an initial notice to the potentially liable parties within 90 days of the injury. After providing this notice, the individuals have only 15 months in which to file their medical malpractice claims against these parties.
Understanding the Statute of Limitations for Medical Malpractice in Troy
The medical malpractice statute of limitations in Troy is often a complicated matter that is crucial to the outcome of your medical malpractice claim. If you miss the statute of limitations, you forfeit the right to a civil claim against wrongdoers despite their level of egregious behavior. As a result, getting legal advice as quickly as possible following a suspected incident of medical malpractice may be wise.
Although two and one-half years seems like ample time to pursue your medical malpractice claim, this period can pass quickly as you are struggling to undergo treatment for your injuries. When combined with the potential exceptions that may apply to the statute of limitations in your case, you cannot afford to risk the dismissal of your case by failing to consult a personal injury lawyer in time. Call now to get started.