Atlanta, GA asked in Medical Malpractice for New York

Q: Husband had a botched surgery past 5 years. He is still suffering. Can he sue or I for not being able to fulfill needs

Emergency surgery after first surgery. Used wound vac, had ostomy bag.

Happened in Buffalo, NY. Currently live in Florida

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1 Lawyer Answer

A: Sorry to hear what happened to your husband. The statute of limitations in New York for medical malpractice lawsuits is 2.5 years from the date of malpractice; or, where there has been continuous treatment for the condition giving rise to the lawsuit, 2.5 years from the last date of treatment. Based upon the information in your question, it would appear your husband's time in which to file a lawsuit has expired.

Tim Akpinar agrees with this answer

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