What can I do about medical malpractice?

I had suffered from a tibial fracture and sprained ACL 5 years ago. The hospital that treated me never gave me a cast because they said I was to old; I was only 30. As a result of that the knee never healed properly. I am about to have a 2nd operation and feel the hospital should be held accountable. Can I sue?

Asked on July 3, 2016 under Malpractice Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, the statuate of limitations, or time period within which you must file a lawsuit, for medical malpractice is only 2 1/2 years in your state. That means that if you don't file the lawsuit by no more than 2 1/2 years after the medical procedure, you can't sue; if 5 years have passed, it therefore appears to be too late to take legal action.

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