There is a very specific time that you have in which to file a lawsuit for medical malpractice in New York.

The time limit varies depending upon whether you are planning to bring a lawsuit against a private doctor or private hospital compared to bringing a case against a municipal hospital owned by the New York City health and hospitals Corporation or some other entity. The time limit is also different for Veterans Administration or claims against New York state. The time to file a lawsuit is also different for children and those injured at birth.

Let's say you suffered injuries as a result of improper medical care and treatment of a private doctor or private hospital. For whatever reason, you've chosen to come to me three days before your time limit runs out. 

It is only now that you have decided to bring an action against the people who you believe are responsible for causing your significant and permanent injuries. Here's what you need to know while the clock is running out.

There is no way that I could possibly conduct a thorough investigation in your matter in only three days.

There is no way I could get all of your medical records within that limited time..

There is no way I could get a medical expert to read and evaluate all of your records within that short period of time.

There is no way I could put together the necessary paperwork in order to start your lawsuit within that limited period of time.

To do a thorough and complete investigation often takes months.

As a result of that, I would have to tell you that I could not accept your matter for investigation.

There are some lawyers however who will take on a possible case on such a short deadline. There is one procedure that is available that  would have to filed with the court in order to gain the benefits of a little bit extra time. However, that is not something I would do.

If you believe you have a valid basis for case, it is incumbent upon you to get your matter evaluated as soon as possible to prevent this exact situation from occurring.

You do not want to show up at an attorney's office with the clock is ticking down and you have only hours or days left to start your lawsuit.

Unlike in an accident case or a car accident case, we are required to do a thorough and detailed investigation and have a qualified medical expert review all of your records to confirm that you have a valid basis to proceed forward with your case.

Give yourself enough time and do that once you believe something was done wrong. Only then can you make an educated decision about what to do next.

To learn more about deadlines in civil lawsuits here in New York, I invite you to watch the video below...


Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer