I receive more questions about medical malpractice cases than any other type of case. Medical malpractice cases can be very emotional and confusing. Sometimes it is hard to differentiate between a poor outcome and medical malpractice. When a person has questions, he or she should consult a New York medical malpractice attorney for guidance.
Potential clients often ask how long after medical treatment they can timely file a medical malpractice case. According to New York State Law, a person must file a medical malpractice lawsuit no later than two and a half years (30 months) from the act or omission named in the complaint or from the end of the continuous treatment during which the act or omission took place. There are cases with different timeframes. For example , claims against municipal hospitals or clinics face much shorter filing dates.
Examples of Medical Malpractice Cases
Let's look at some examples. I had a client who sought treatment for obesity and his physician prescribed a short-term weight loss pill. That pill had potential damaging side effects that required careful monitoring of the patient's condition and limited the duration a patient should have taken the medicine to no more than three months. In this case, the physician prescribed the drug for more than two years and failed to monitor the patient's vital signs. Eventually, the patient developed respiratory failure and wound up in the hospital near death. We conducted a thorough investigation and determined that the physician committed malpractice. The initial malpractice began when the physician prescribed the diet drug for more than three months and failed to monitor the patient's vital signs. However , the patient received continuous care from that physician for over two more years so the "clock" on the statute of limitations did not begin until after the continuous treatment ended.
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