Brooklyn, NY asked in Medical Malpractice and Personal Injury for New York

Q: When does statute of limitations really end?

I know the statute of limitations is 2 and a half years for medical malpractice in NY ,but what if your symptoms aren't prevalent till after that ?

1 Lawyer Answer
Alexander Karasik
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  • Medical Malpractice Lawyer
  • Licensed in New York

A: Great question. Short answer is: it depends on the nature of your malpractice claim. NY has a limited "discovery rule" --which extends the 2.5-year statute of limitation to one year past the discovery of the medical malpractice. However, the "discovery rule" exception is narrowly applied to cases involving a "foreign object" left during a surgery or under the Laverne' rule (case involving cancer misdiagnosis) to misdiagnosis questions. Also, Plaintiffs in these actions are subject to reasonably discoverable standard. In other words, Plaintiffs will be barred from filing medical malpractice cases past 2.5 years from date of malpractice if they should have reasonably discovered the injury or malpractice before they actually did, thus shifting some responsibility on Plaintiff in acting reasonably in discovering the subject condition.

Tim Akpinar agrees with this answer

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