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Can I file a medical malpractice lawsuit for medical malpractice 8 yrs ago in NY state?

Asked over 2 years ago - Rochester, NY

I was seeing spots so I went to see an Opthamologist who referred me to another Opthamologist. Tests were done, there was bleeding in my eye. the Dr. thought he saw a mass behind my eye and sent me to Johns Hopkins. They saw no mass and sent me back. Saw the DR again he said its still bleeding. Saw Dr again said there is more blood. Saw him again and I asked if there was something that could be done. Dr scheduled operation to remove blood from eye. I was blind in that eye at the time. Two weeks later they operated. By then eye was full of coagulated blood, retina detached, lense all messed up. they couldnt get all coagulation out. I suffered through pain and prednisone eye drops for a month. The end result, I lost the eye. I want to sue if its not too late.

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Attorney answers (1)

Clifford Douglas Gabel

Reputation Level 12

Answered over 2 years ago. Medical Malpractice Attorney in New York, NY.

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New York has a 2 1/2 year statute of limitations on medical malpractice, which runs from the date of the malpractice, so if the malpractice occurred more than 2 1/2 years ago, I'm afraid the statute of limitations has run. New York does have a "continuous treatment" doctrine which extends the statute of limitations to the date of your last treatment if you continued to treat with the physician who caused the malpractice provided your treatment is for the same condition. From the facts as you described them, however, it does not seem as if your case is timely.

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