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Do not Delay Filing a Medical Malpractice Case in New York

May 11, 2015 | Medical Malpractice

How horrible would you feel if you realize that the time limit in which you have to submit a lawsuit, seeking compensation for the injuries you have suffered, has now expired? What do you do in such an instance?

Time Limits for Every Type of Case

Every single case in New York, whether it is a medical malpractice case, accident situation, or wrongful death circumstance, has a time clock associated with it in which you must file a lawsuit. If you delay and then you decide to go forward with your lawsuit, but if you have missed the deadline to file the lawsuit, it makes no difference whether your injuries are the most horrendous to have ever have occurred in that county.

It makes no difference whether the person who caused your injuries is the most careless person in the world. The fact remains that if your matter is not timely filed, it does not make a difference about what happened to you. This may sound harsh, but the reality is that there are specific hard and fast deadline in which you as an injured victim can submit a lawsuit.

It is also crucial to remember that every type of case has different time limits. It is different if it involves a child, it is different if it is an adult, it is different if it is against a municipality or municipal hospital, and it is different if it is against a private doctor. The time limits for each of these types of cases will be different. Even in a medical malpractice case in New York, at least five or six different exceptions for the time limit exist in which you will have to submit your lawsuit paperwork.

Time Limits for Medical Malpractice Cases

Generally, in a medical malpractice case, you have only two and half years from the date of any malpractice within which to bring a lawsuit, for the harms and losses you have suffered because of a doctor or hospital’s carelessness. However, that only applies if it was a private hospital or private physician. On the other hand, if it was a municipal hospital then this time limit differs.

Similarly, if the lawsuit involves claims against a state hospital facility the deadline given for suing private doctor will not apply. There are so many different exceptions, and the only true way to know, whether your particular matter is timely is to contact an experienced medical malpractice lawyer.

Therefore, if you feel that you have suffered harms and losses because of a doctor or hospital’s negligence, do not delay the matter. Consult a lawyer immediately, to see if you have a valid medical malpractice case. Your lawyer will also need time to have your records and case checked by a medical expert. Only when this expert confirms that you have a valid case, your lawyer will be able to file the lawsuit.

Misplaced Priorities

All this takes time, and if you approach a lawyer even a couple of weeks before the deadline, you might not be able to file a lawsuit. Based on this understanding, if you delay or procrastinate beyond the time specified period, you could miss the deadline. You will feel horrible but you will only have yourself to blame.