How long do I have before I cant sue a hospital/

Asked almost 5 years ago - Binghamton, NY

I'm from NY and mydaughter was born on 1-5-08 and I took her to the hospital on 1-9-08 because she was puking green. The doctor in the ER said it was bio and i can take her home,but i didnt the next morning a different doctor came in and they had to put her on life support(we were there for 13hours) They rush her to syracuse because her bowls were twisted.They did emergancy surgery and she was there for 4months. Sense then she has had 2 more surgeries.she has had a clostomy and was in the hospital for a month and she just had a reveral to get it removed in august. She has 3 different (huge) scars that she will have for the rest of her life.

Attorney answers (2)

  1. Richard S. Jaffe

    Pro

    Contributor Level 13

    Answered . I am very sorry to hear about your daughter. The time within which to start a legal action in New York is goverened by laws called 'Statutes of Limitations'. The Statute of Limitations to sue for malpractice is generally 2 1/2 years from the time the malpractice is alleged to have occurred. However, this time period can be shortened by factors such as whether the doctor/hospital against whom the malpractice is alleged is a municipality or an employee thereof. In such cases, other, shorter time requirements may also apply, such as the time within which to file a notice of claim (90 days). If you are considering legal action, it is best to act quickly and seek the advice of a qualified medical malpractice attorney.

  2. Paul Adams Lagnese

    Contributor Level 9

    Answered . Although I am not licensed in NY, because your daughter may have claims for injuries as a result of any malpractice the statute of limitations for her claims appears to be 10 extended to three years after her eighteenth birthday or no longer than 10 years from the time of the negligence which ever is sooner.

    If you are interested in investigation the case I would suggest you contact a lawyer who is experienced in handling medical malpractice cases.

    Good luck.

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