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The New York State medical malpractice statute does not indicate a time limit within which a suit must be brought. But, like a civil law suit, when the statute of limitations runs out, a victim of medical malpractice can no longer file suit within that time-frame. If a victim lives in New York but feels that another physician committed these or other malpractice acts against him/her while the victim was under the New York state medical care, it may be wise to consult an attorney who has experience in the New York area medical malpractice laws.

The New York State medical malpractice statute does not apply to oral or facial plastic surgery (e.g., rhinoplasty, facelift, etc.). Nor does it apply to any drug abuse, alcohol abuse, sexual abuse, etc. Therefore, victims of medical malpractice in New York who are not seeking damages for such activities as mentioned above should seek an attorney to determine if their civil lawsuit for compensation should still hold up based on the new statute of limitations.

It should be noted that although a victim of medical malpractice may have a valid claim for monetary compensation or other remedial or therapeutic services, he/she may not be able to recover damages under the New York medical malpractice statute. For example, if the victim had been exposed to asbestos while working at a New York City apartment building, or at a manufacturing plant where asbestos used to be used, he/she may not be able to seek monetary damages due to the fact that the workplace environment was a “safe” one according to the New York State medical board’s standards. Therefore, unless the victim can establish that he/she was exposed to an unsafe work environment, and that this resulted in her/his present condition, then (as noted above) the statute of limitations will apply and the case will not proceed. However, if the plaintiff can establish that he/she was exposed to a dangerous work environment, then the medical board may consider awarding compensatory and rehabilitative services, but it will never recover monetary damages on a case-by-case basis.

On another note, the New York medical malpractice statute of limitations differs from state to state. In New York City, the statute of limitations is 180 days from the date of the injury. On the other hand, the statute of limitations in other states is three years from the date of the occurrence of the medical malpractice. In New York, medical malpractice cases are considered to be settled or put into effect, so any damages that accrue before the medical board has three years from the date of the occurrence of the malpractice are not recoverable. In other words, if you were harmed by a doctor who failed to treat your medical condition adequately, then the damages incurred cannot be recovered under the New York medical malpractice statute of limitations.

Another important factor to consider when asking, What is the Medical Malpractice Statute of Limitation in New York? Is the fact that there is no statute of limitations on claims brought by individuals or by private parties against medical professionals, except for personal injuries. Also known as tort law, medical malpractice is also considered to be an area of personal injury or property damage. As such, there is a statue of limitations in New York for most civil and personal injury lawsuits.

What is the medical malpractice statute of limitations in New York? Depends on the state law. Each state has a different statute of limitations. A plaintiff in need of medical treatment for a debilitating illness or injury, or his/her family member, may be able to file a medical malpractice claim. To determine whether a medical malpractice claim is eligible under the law in New York, the trier of fact must be unanimous in its determination. However, if one party sues another party for medical malpractice, it does not necessarily mean that the defendant had a duty to provide proper medical care for the plaintiff; rather, it means that the plaintiff had a reasonable cause to file the claim.

What is the medical malpractice statute of limitation in New York? Can be a difficult question to answer, because the law does not limit the time period within which a claim must be filed. The limitations begin to apply immediately after the harm occurred, regardless of whether the injury or illness was suffered while the victim was in the state of New York. It is important to remember that a medical malpractice claim is a civil lawsuit and does not have the same standing as a criminal lawsuit. Therefore, the plaintiff must bring the lawsuit within a certain time period after the harm occurred in order to be entitled to damages.

How long does it take to file a New York medical malpractice claim? Depending on the claim, it can be filed within a few weeks, months or even years. However, it is recommended that claims be brought promptly, especially if the doctor responsible for the medical malpractice has refused to provide any form of medical treatment or payment for the services. If you are a victim of medical malpractice, it is vital that you consult with an experienced medical malpractice lawyer. The law can be complex, but with the help of an experienced New York lawyer, you can receive the compensation that you deserve.


Joseph T. Mullen, Jr & Associates
30 Vesey St, New York, NY 10007
(212) 766-1177
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