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What is the time limit within which you must file your medical malpractice lawsuit in New York?

Believe it or not, there are many answers to this question.

The short answer is 2 1/2 years from the date of any wrongdoing within which to bring a lawsuit against a private doctor or private hospital in NY.

The reason there are many answers is because there are different types of medical malpractice cases. There are very there are specific time limits in cases of children who are injured. There is a different time limit if you were treated in a municipal hospital. There is a different time limit if you're bringing a lawsuit against the State of New York.

How then can an injured victim truly understand how much time they have to bring a lawsuit in the state of New York?

More importantly, by the time you are reading this article, the time limit may have changed.

That is why you cannot rely on the information in this article.

That sounds totally bizarre, doesn't it?

You're searching for information about how much time you have to file a lawsuit in NY for medical malpractice and you read this article. I'm giving you some idea of how much time you might have, but at the same time I am telling you that you cannot rely on this information.

Why not?

It's because the time limits change from time to time. Laws change.

The only true way to know whether or not your matter is timely is to pick up the phone and call.

Let me give you an example of how you could screw up your possible case. You might learn from some source that you have 2 1/2 years from the date of the wrongdoing within which to bring a lawsuit. If your case involves wrongful death, did you know that you typically only have two years from the date of death within which to bring suit?

What happens though if the wrongful death occurred in a municipal hospital such as Jacobi Hospital or Queens General Hospital or Elmhurst Hospital or Kings County hospital? Can you wait two years to bring a lawsuit? The answer is no, you cannot. If you did, you'd soon learn that your time to file a lawsuit is long gone.

In a municipal hospital which is owned by New York City health and hospitals you would have only 90 days from the date of the wrongdoing within which to file a notice of claim. That is an absolute requirement before you actually file your lawsuit. The lawsuit would then have to be filed within one year and 90 days from the date of the wrongdoing.

THE BOTTOM LINE ANSWER...

To answer the question, in a lawsuit against a private doctor or private hospital in New York, you typically have only two and half years from the date of the wrongdoing within which to do so. There are many exceptions and once again I cannot stress how important it is not to rely on the time limits in this article. Instead, I urge you to pick up the phone and call me to answer your specific legal question about how much time you have for your specific matter.

You can reach me at 516-487-8207 or by e-mail at [email protected] I welcome your call.


Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer