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How Long Do You Have to File a Medical Malpractice Lawsuit?

  Alan Fuchsberg  |  July 21, 2016  |  

At the current time, individuals are limited to filing a medical malpractice lawsuit from the date of the injury rather than the date it’s discovered, causing some people to run out of time before they discover an injury took place.

Statute of Limitations for a Medical Malpractice Lawsuit

The time limit is called a “statute of limitations.”  While the limitation is meant to prevent unfair or drawn-out lawsuits, it can hurt patients who discover years later that they’ve suffered injuries.

Proposed Legislation Could Change the Statute of Limitations for a Medical Malpractice Lawsuit

In New York, proposed medical malpractice legislation would have helped those who have suffered from medical malpractice. The legislation, called Lavern’s Law, would allow individuals to sue for medical malpractice based on the time when they discover an injury instead of the date of injury.

The law is named for a cancer patient who discovered that her misdiagnosis led to her terminal illness after the statute of limitations ran out. She could not sue, because the time for filing had expired.  Is that fair? She didn’t think so, and many other people agree.

Unfortunately, the proposed legislation did not pass, so it will have to wait for the next legislative term to be proposed again.

If You Need Help With a Malpractice Claim

Medical malpractice victims suffer not only when they’re hurt but also again when they must relive their trauma by explaining it to a court. If you are living with the pain of an injury or the death of a loved one, dealing with court proceedings can be overwhelming.  Our experienced New York medical malpractice attorneys will help you navigate every step of the process.  Schedule a consultation with us if you think you’ve been the victim of medical malpractice.

Data Source: Legal Reader, “NY Once Again Turned Its Back on Medical Malpractice Victims,” Jay W. Belle Isle, June 20, 2016

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