It is frequently said that “time is of the essence” when it comes to medical malpractice lawsuits in New York, especially those involving governmental entities. While it is certainly true that Syracuse medical malpractice claims should be made in a timely fashion in order to have a reasonable chance of a successful outcome, there are, in a few, very limited circumstances, some exceptions to the general rule regarding the time period for filing suit.
However, these limitations are subject to judicial interpretation, and the case law concerning the rules allowing for an exception can evolve over time. This happened in a recent case, as set forth below.
It was unclear exactly when the alleged act of medical negligence took place, but the case had apparently been in litigation for many years. Had the plaintiff acted in a more timely fashion, it is possible that the matter would have been resolved much sooner.