If the suit is for wrongful death the statute of limitations is generally two years from the date of death. If the suit is against a municipality, a notice of claim must be filed within 90 days of the last date of continuous treatment. Different periods of limitation apply to suits against the State of New York and the United States of America. There are many rules that extend the statute of limitations. For example, if an object, not meant to be left in the patient's body, is left behind in an operation, the time of the statute of limitations is calculated from the date that the foreign body is discovered.
Children generally have ten years to start an action.
The rules pertaining to statutes of limitation are the most perilous to claimants and the attorneys representing them. A statute of limitation missed by one day loses a case forever. Potential claimants should not delay in seeking the advice of an attorney specializing in medical malpractice. Medical malpractice attorneys represent clients upon a contingent fee basis. This means that no fee is earned unless the attorney actually succeeds in obtaining a recovery for the client.