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Can I sue a doctor 5 years after for a child who is now 10 and half ? What is the statue of limitations ?

Pawling, NY |

5 years ago my son was brought to his doctor a few times for the same reason , his issue went undiagnosed. I brought him in on a Friday and by the weekend he blew a oral temp of 105.8 , so rectally he must have been very near 107 . He wound up with what the nurse in the hospital called a massive pus pocket near/in his brain . It was a sinus infection that went horribly wrong. Infection went into his bloodstream ,his white cell count was crazy high at about 40,000 . Technically had a sepsis type (not really sure as it was not clearly defined)He now has issues , learning disabilities, memory issues ,fine motor skill issues,emotional, and a sensory hearing loss in moderate range and just got a hearing aid this past month . I believe that this illness caused a lot of damage to my son .

Attorney Answers 4


  1. Best answer

    Under New York law, a minor has up to 10 years to sue for a medical malpractice. So, the statute will run out when your son turns 15. There is at least one very good lawyer in your county who handles medical malpractice cases. You should make a call immediately. These cases require thorough investigation, and should not be left until the time is about to run.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


  2. Consult a medical malpractice lawyer in your area as soon a possible. The statute of limitations is different for minors but I would seek help as soon as you can. I am so sorry to hear about this situation. Best of luck to you.


  3. Your lawsuit would appear to be timely based upon what you stated. If you wish, give me a call at 845 471-0044 to discuss, as we are in the same county.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  4. You have ten years for a minor or two and a half years from his eighteenth birthday whichever time frame is shorter.

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