Is there a statue of limitations for a malpractice suit?

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Is there a statue of limitations for a malpractice suit?

My father had a kidney test in 10/08 and it was fine; in 01/09 he passed away and his cause of death was kidney failure. He was at a healthcare facility and was rushed to a hospital 1 month later due to dehydration.

Asked on June 26, 2011 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You (or rather, your father's estate) may be running out of time. New York has a fairly short statute of limitations for medical malpractice cases: only 30 months or 2 1/2 years. (For other professional malpractice, such as against lawyers, it's 3 years.) Sometimes, certain circumstances, such as an inability to discover the injury or malpractice in a timely manner, may "toll"--or extend--the statute of limitations, but it is *not* wise to count on it, since it is discretionary for the courts whether to grant more time or not--and they tend to not do so, except when it's very clear it would not be fair to not do so. Accordingly, if you are contemplating this lawsuit, you should speak with a medical malpractice attorney IMMEDIATELY--you do not want to take any more time before moving ahead.


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