The Statute of Limitations on Medical Malpractice in New York
A statute of limitation is a guideline that dictates the amount of time after the occurrence of a specific event that litigation must be initiated. In the state of New York, medical malpractice rules are dictated by state code since medical issues fall under the New York civil system. The specifics of medical malpractice code are detailed in New York state code N.Y. C.P.L.R. § 214a.
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What is medical malpractice?
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Medical malpractice in the state of New York falls under the professional negligence category. According to Expert Law, medical malpractice occurs "when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury." Medical malpractice can apply to situations where the practitioner took an inappropriate action or failed to take appropriate action.
Court Guidelines
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According to the New York State Department of Health, medical malpractice cases are heard in civil court and are dealt with independent of the state's Board for Professional Conduct since the cases seek financial awards for patients or families who claim harm by a physician.
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Basic Statute of Limitation
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Medical malpractice in the state of New York falls under the professional malpractice category. Actions must be filed within 30 months, or two and a half years, of the date that the act causing the injury occurred.
Statute of Limitations For Minors
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If the malpractice incident is associated with a minor, the litigation must generally be started within three years of the person's 18th birthday. However, the statute cannot be extended beyond 10 years from the date of the incident.
Foreign Body Exemption
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If the medical malpractice occurrence is associated with a foreign body, the statute of limitations is one year from when the foreign body was discovered.
Other Guidelines
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The state of New York does not impose a limit on the amount of damages a person can recover as a result of the medical malpractice. The state also does not have special rules associated with expert witnesses. However, they do require a person to file a consultation certification from a medical expert within 90 days of the complaint.
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References
- Photo Credit doctor's treatment image by TEMISTOCLE LUCARELLI from Fotolia.com
