It can be devastating when you attend a New York hospital for treatment, only for your pain and suffering to worsen due to improper care, negligence and mistakes. However, if the effects of your poor treatment took time to develop to a noticeable state and link to the result of your medical care, is there a time limit on how long after the initial incident that you can pursue a medical malpractice suit?
While the New York Times reports that action is being taken to pursue changes to the statute of limitations on medical malpractice cases, the current limitation is 15 months. This means that you have 15 months from the time of the incident that negatively affected your health to recognize it, obtain a confirming diagnosis, and pursue a case against the medical professional or institution involved. After 15 months, it is up to the discretion of the court whether or not they will hear the case.
Current changes being pursued under the name “Lavern’s Law” refer to the case of a woman who died from lung cancer that may have been treatable at the time she sought initial diagnosis, when a mass on her lung was overlooked. She attempted to seek a medical malpractice claim, but was denied because of the statute of limitations. While the law passed a vote in both New York chambers, it remains under review by the governor pending signature into law.
The information provided in this post is for reference purposes only, and should not be considered actionable legal advice.