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How Much Time Does an Injured Patient Have to Sue Their Doctor for Medical Malpractice in New York?

The quick answer is "It depends."

Let me tell you why...

It depends on whether your doctor was in private practice.
It depends on whether your doctor is affiliated with a private hospital.
It depends if the wrongdoing happened in a municipal hospital like Bellevue Hospital, Elmhurst Hospital, Kings County Hospital, Queens General Hospital and other municipal hospitals within the five boroughs of New York City.

It depends on whether you're an adult.
It depends on whether you're a child.
It depends on whether you, as a surviving family member, want to sue for wrongful death.

It depends on whether this is a failure to diagnose canceer case.
It depends on whether your case involves a doctor who left a surgical instrument inside of you.
It depends on whether this involves the improper care you received during your labor and delivery causing your baby harm.

For every one of the examples I listed above, there is a DIFFERENT time limit in which to sue for medical malpractice!

It's true.
Having said that, let me tell you generally what the time limit is to bring a case for medical malpractice AGAINST A PRIVATE DOCTOR OR PRIVATE HOSPITAL...

**IT'S 2 1/2 YEARS FROM THE DATE OF THE WRONGDOING**

**WARNING!!**

YOU CANNOT UNDER ANY CIRCUMSTANCES RELY ON THAT INFORMATION I JUST GAVE YOU!
WHY NOT?
Because time limits sometimes change. The law changes from time to time. That means that the ONLY way to know whether your matter is timely is to pick up the phone and call.

Let me share with you some other time limits...

If the wrongdoing happened in a municipal hospital within the 5 boroughs of New York City, you have ONLY 90 days from the date of the wrongdoing in which to file a notice of claim. THAT MUST BE DONE FIRST BEFORE YOU CAN FILE A LAWSUIT. Then, you have ONLY 1 year and 90 days from the date of the wrongdoing in which to file suit.

HERE MY WARNING AGAIN:

YOU CANNOT UNDER ANY CIRCUMSTANCES RELY ON THAT INFORMATION I JUST GAVE YOU!

What if you want to sue a private doctor or private hospital for injuries your baby suffered during your labor and delivery?
**YOU HAVE ONLY 10 YEARS FROM THE DATE OF THE MALPRACTICE WITHIN WHICH TO FILE A LAWSUIT**

If this involves a failure to diagnose cancer case, THE LAW HAS JUST CHANGED. It used to be 2 1/2 years from the date of the wrongdoing in which to sue a private doctor or private hospital. Now it's 2 1/2 years from the date of discovering the malpractice OR when you reasonably should have known there was malpractice. The time limit is different for a municipal hospital.

The bottom line is that there are strict time limits to sue.
DO NOT RELY ON ANYTHING YOU READ, SEE OR HEAR ONLINE ABOUT THOSE TIME LIMITS. INSTEAD, GET RELIABLE, UP TO DATE INFORMATION FROM AN EXPERIENCED ATTORNEY BY CALLING.

To learn more about these time limits known as statute of limitations, I invite you to watch the quick video below...


Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer