Medical malpractice arises when a healthcare professional, such as a doctor, nurse, or hospital, strays from the accepted standard of care and causes injury to a patient. When such an incident occurs, the affected patient may have the right to seek damages for their injuries. Nevertheless, in the Bronx and across New York State, medical malpractice claims are bound by specific deadlines, commonly known as statutes of limitations. This article, written by a Bronx medical malpractice lawyer, will detail the medical malpractice statute of limitations applicable in the Bronx.
Statute of Limitations for Medical Malpractice in the Bronx
A law called the statute of limitations establishes a deadline for initiating a lawsuit. In the case of medical malpractice claims in New York, this deadline is two and a half years from either the date of the alleged malpractice or the conclusion of continuous treatment for the same ailment that led to the alleged malpractice, whichever comes later.
For example, if a patient suffered an injury due to medical malpractice on January 1, 2020, they would have until July 1, 2022, to file a lawsuit. If the patient received continuous treatment for the same condition until May 1, 2022, they would have until November 1, 2024, to file a lawsuit.
Exceptions to the statute of limitations apply to medical malpractice claims and should be taken into consideration. For instance, if the victim of medical malpractice is a minor, they may initiate a lawsuit until two and a half years from their 18th birthday. Moreover, if a foreign object such as a surgical instrument remains inside a patient’s body, the statute of limitations does not commence until the object is detected or should have been detected with reasonable care.
Another exception is for cases of medical malpractice that were fraudulently concealed by the healthcare provider. In such cases, the statute of limitations begins to run when the victim discovers or should have discovered the malpractice through the exercise of reasonable diligence.
Tolling the Statute of Limitations in the Bronx
In some situations, the statute of limitations may be “tolled,” or paused, which gives the victim more time to file a lawsuit. One example is if the victim was mentally incapacitated, such as being in a coma, at the time of the malpractice. In such cases, the statute of limitations may be tolled until the victim regains mental capacity.
Another example is if the healthcare provider fraudulently concealed the malpractice, the statute of limitations may be tolled until the victim discovers the malpractice or should have discovered it with reasonable diligence.
Filing a Medical Malpractice Claim in the Bronx
To file a medical malpractice claim in the Bronx, the victim must first hire an experienced medical malpractice attorney. The attorney will investigate the case, gather evidence, and determine whether the victim has a viable claim. If the attorney believes there is a case, they will file a lawsuit on behalf of the victim.
It is important to hire an attorney as soon as possible after the malpractice occurs because the statute of limitations begins to run on the date of the malpractice. Waiting too long to file a lawsuit can result in the victim losing their right to seek compensation for their injuries.
In case you suspect that you or a loved one has been a victim of medical malpractice in the Bronx, it is crucial to seek the guidance of a qualified medical malpractice attorney promptly. The medical malpractice statute of limitations in the Bronx is intricate, and initiating a lawsuit within the time frame is essential to preserve your rights. An attorney can assist you in navigating the legal system, collecting evidence, and pursuing compensation for your injuries.