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A Doctor Caused You Harm. You're Thinking of Suing Your Doctor but It's Not a High Priority For You Right Now. Can You Wait Years Before Starting Your Medical Malpractice Case in New York?

No.

You can't.

You can't wait.

The longer you wait, the more your memory fades.

The longer you wait, the greater chance that your time limit to sue your doctor will expire.

Every case in New York has a time limit.

Every single one.

Maybe it was a car accident.

There's a time limit.

Maybe it was a careless doctor who caused you harm.

There's a strict time limit.

Maybe someone's carelessness caused a family member's death.

There's a strict time limit for wrongful death cases too.

Did you know there's a different time limit to bring a lawsuit on a baby who was injured at birth because of obstetrical malpractice than an adult who was treated at a private hospital?

There's a different time limit to sue a municipal hospital compared to a State hospital.

There's a totally different time limit to sue the Veterans Administration hospital too.

The time to bring a lawsuit is different for a child compared to an adult.

If something was left inside of you during surgery that never should have been left there has a different time limit than a doctor who fails to diagnose your condition correctly.

It's not as simple as saying "The time limit for all medical malpractice cases in New York is two and a half years from the date of the wrongdoing."

That's not correct.

Plus, if you rely on someone who is not an attorney telling you what the time limit is, there's a very good chance you'll miss your opportunity to sue.

You should know that once your time limit to bring a lawsuit has expired, you're done.

You can't extend that time to sue.

There is however a way in medical malpractice cases to extend the time to sue, but it's tricky.

That method is called the continuous treatment doctrine.

Here's how it works...

Let's say you complain to your gynecologist about a breast lump.

Your doctor see it, recognizes it and now begins to treat you for it.

Let's say that treatment continues on for three years.

During that time he has recognized the problem.

He has created a treatment plan to address that problem.

He asks you about it on each and every visit.

You complain to him on each and every visit about this persistent lump.

If your doctor continues to treat you for the same condition and same complaint as you originally went to him for, there are some limited instances where your time to file a lawsuit against your careless doctor may extend the time you have to start your lawsuit.

I say 'may' because every case is different.

I say 'may' because every page of every medical record has to be carefully examined.

We need to see if there really is continuous treatment for the same complaint.

Just because you returned to the doctor for follow up care does NOT necessarily mean there was continuous treatment.

The bottom line is that you CAN'T wait.

If you suspect that someone was careless and caused you harm, you need to reach out to an attorney to see if you have a viable case.

If you wait, you may lose your ability to file a lawsuit forever.

Once that happens, it doesn't matter what your doctor did to you or what your injuries are.

You need answers.

I have answers.

Call me.

516-487-8207.

To learn how much time you have sue in New York if your surgeon left something inside of you, I invite you to watch the video below...

[WARNING! NEVER, EVER RELY ON ANYTHING YOU READ ONLINE OR WATCH ON A VIDEO ABOUT THE TIME LIMIT YOU HAVE TO START A LAWSUIT IN NEW YORK. It might not be up to date. If you want to know for sure if you have a timely and valid case, speak to an experienced attorney immediately.]


Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer