Understanding Common Medical Malpractice Claims in NYC: Types, Compensation, Results, Lawsuits
April 15, 2024
July 09, 2018 | Publications
#MedMal #MedicalMalpractice #DiscoveryRule Medical Malpractice Statue of Limitations in New York—Discovery.
In New York, the statute of limitation for filing a civil lawsuit in a medical malpractice case is two years and six months from when the malpractice occurred. However, with the Discovery Rule, the statute of limitations for a cause of action does not begin to run until the time that the injured party discovers or reasonably should have discovered the injury. A foreign object that is negligently left inside the body, such as a surgical sponge or instrument, even if discovered after the Statute of Limitations has expired, can fall under the Discovery Rule. A malpractice lawsuit may be filed within one year of the date of discovery of the foreign object, or within one year of the date of discovery of facts that would reasonably lead to the discovery of the foreign object, whichever occurs earlier.
If you or a loved one has been the victim of medical malpractice involving a foreign object left in the body, contact Karasik Law Group today and let us fight for you to get the compensation you deserve. We will work tirelessly on your behalf to help you obtain the maximum compensation for your pain and suffering, medical expenses and all other losses. Call us today to schedule a free consultation. 718-502-9112.
