Q: Is there a time limit to file on a wrongful death (hospital) lawsuit in New York state?
I lost a child at just under 36 weeks pregnant. I was told by a lawyer at the time (2000) that nothing could be done because the baby did not take a breath outside of utero, but, the reason the baby didn't take a breath was negligence on the part of the hospital staff. I have proof in paperwork. It just doesn't seem right. At the time, I was young and not in a position emotionally to fight a legal case so I did not follow through on anything and now I'm just really curious.
A:
Hi – I’m so terribly sorry about your incident. I can’t imagine how you are feeling. If you would like to talk to Us or any other attorney, please contact me and we can discuss a little more Fullyt about whether you have any ability to file a suit that involves recovery. Again, I’m so sorry. It must be so devastating.
All the best and stay safe,
Jon
1 user found this answer helpful
A:
I'm very sorry for your heartbreaking story. The statute of limitations (deadline to file legal action) for wrongful death in New York is two years from the date of death. This is covered in Section 5-4.1 of N.Y. Estate, Powers, and Trusts Law. Insert the text for the link below into your search browser and that will take you to the law.
https://www.nysenate.gov/legislation/laws/EPT/5-4.1
You could find a list of New York statutes of limitations at this page (again, you could insert the text for the link below into your search browser) of the NYS Unified Court System:
http://www.nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml#:~:text=Statute%20of%20Limitations%20%20%20%20Case%20,CPLR%20214%20(4)%20%2028%20more%20rows
You could reach out to attorneys to discuss. With COVID, many law firms are able to arrange virtual consults. Good luck
Tim Akpinar
1 user found this answer helpful
A: I'm so sorry for your loss. Unfortunately, New York State does not recognize wrongful death claims for the death of an unborn child, Endresz v. Friedberg, 24 N.Y.2d 478 (1969). https://casetext.com/case/endresz-v-friedberg Although you may have been able to sue for your own grief and emotional distress, the statute of limitations for malpractice actions is only 2.5 years from the date of malpractice and has long since expired if your child passed away in 2000.
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