What is the statute of limitations for hospital negligence in NY?
Question Details:
As you seem to be aware, there is a time period in which a personal injury claim must be filed. This is known as the "statute of limitations". Medical malpractice (a type of personal injury lawsuit) must be filed within 30 months of the date of the act or omission that caused the injury. Additionally, for malpractice actions based upon the presence of a foreign object within the body of a patient, a lawsuit must be filed within 1 year of the date that the foreign object was or should have been discovered. Other professional negligence actions are governed by a 3 year statute of limitations.
It may be possible to avoid the harsh result of a statute of limitation by arguing that the statute has been "tolled". When it is said that a statute is "tolled", it means that something has stopped the statute from running for a period of time. For example, under NY law, a minor ordinarily has 3 years from the date of his or her 18th birthday to commence litigation. However, for medical malpractice actions, the statute of limitations cannot be extended for more than 10 years from the date of the act or omission giving rise to the injury.