how long can you file a medical malpractice suit

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how long can you file a medical malpractice suit

My Mom Pass away possible due to a surgeons mistake while performing surgery

Asked on July 27, 2017 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In your state (New York), a malpractice case can be brought up to two-and-a-half years from the date of malpractice. However, a wrongful death claim can only be brought two years after death. Since this is not your mother suing for her own malpractice, but you suing for her untimely death, you should comply with the wrongful death time frame and bring the case within two years.


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