The state of New York has set a specific time period in which medical malpractice victims are able to pursue a claim, known as the statute of limitations. The time limitation is as follows:
Two and a half years, or 30 months, from the date of the injury.
If there was a series of medical treatments, the 30 months began to run once the final treatment concluded.
If a foreign object was left in an individual's body during surgery, a claim “may be commenced within one year of the date of such discovery or of the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier” (Section 214-A(a))
If you attempt to bring a claim once the statute of limitations has passed, a court can dismiss your case, and you will be unable to recover any compensation. In some instances, the “discovery rule” may apply, which allows patients to file a claim once they discover a medical malpractice injury or reasonably should have known of its existence. In any case, the time period for filing a medical malpractice claim in New York is relatively short. A New York medical malpractice attorney should be consulted as soon as possible.