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When can I bring a medical malpractice suit?

Medical malpractice cases are not easy cases to bring. There can be obstacles in proving that a doctor failed to act as a doctor with similar knowledge and experience would in similar circumstances. One of the primary issues in bringing a medical malpractice case is actually knowing whether you have been harmed by a doctor’s mistake.

After all, most people trust their doctors; even to a fault. Also, as time goes by after a surgery or other diagnosis, a patient may not even realize where their ailment emanates from. Because of this, it is important to remind our readers about the limitations that exist in bringing a medical malpractice claim. 

According to medical malpractice law in New York, such a suit must be brought within 30 months of the alleged event that caused a person’s harm. Unlike many states, New York’s medical malpractice statute of limitations is based on when a patient was last treated; instead of when the prospective plaintiff discovers (or should have discovered) the doctor’s error. Because of this difference, a potential plaintiff may have a limited time to bring suit in New York compared with other states.

There is an exception to this rule, however. A patient who discovers an object or other surgical material that was left inside their body may take advantage of a one year statute of limitation.

As such, if you have questions about your legal rights in situations where you have been harmed by a doctor, speaking to an experienced medical malpractice attorney can help. 

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