When does statute of limitations start – as of the date the incident or the date of the last treatment?

UPDATED: Sep 2, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 2, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

When does statute of limitations start – as of the date the incident or the date of the last treatment?

At what point would the statute of limitation start for medical malpractice? Would it be from the point of the initial occurrence the caused something (i.e. terrible scars) or from the point that you realized treatments were ineffective?

Asked on September 2, 2011 under Malpractice Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general matter, the statute of limitations on any sort of injury, including one caused by medical malpractice, starts running from the date of the event or occurence which caused the injury or damage. So, for example, if a physician somehow scarred you, the statute would typically run from the time the the scars were caused IF the scars were caused by an act of malpractice (e.g. by carelessness or wrong treatment). On the other hand, if the scars were not the malpractice, but the malpractice was the ineffective treatment, then the statute of limitations might start from when you realized--or at least should have realized--the treatment was ineffective. So the answer will depend on the exact situation and what was the actual malpractice in this case. There is, in any event, no reason to wait; if you think you have been the victim of malpractice, consult with a malpractice attorney *immediately* so you can file the case as soon as possible and make sure you get in under the SOL, if it has not already passed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption