The collection of evidence in a medical malpractice case can begin as soon as a potential plaintiff hires an attorney for their case. It could continue throughout the case process, up until and during trial or settlement negotiations.
However, potential medical malpractice plaintiffs should understand that, under New York Civil Practice Law and Rules §214-a, they are only provided with two years and six months from the date of their injury to file their case. If a person’s lawsuit is not filed within this time frame, they would likely lose their right to seek compensation for their injuries forever.