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Intent to file a claim for medical malpractice/negligence

Niagara Falls, NY |

Is it true that you have 30 days to file a claim, (after a corrective procedure), to file an intent to file a lawsuit for malpractice/negligence? If not, can you give me information about filing a claim of intent to file a malpractice/negligence lawsuit?

Attorney Answers 3

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Generally speaking (and there are exceptions that allow for extending
the time-period) the statute of limitations is 2.5 years from the date
of the alleged malpractice. There is no requirement for a 30 day
notice. If a municipality is involved (for example, a County run
hospital) there is a requirement that you serve a Notice of Claim within
90 days of the malpractice. Other than that, you do not have any
requirement to let anyone know that you intend to sue. It is good
practice, however, to make contact with the potential defendant (via
counsel) early and to not wait until the statute of limitation is about
to expire to file your lawsuit.

Michael C. Conway, Esq.

Harris, Conway & Donovan, PLLC

5 Clinton Square

Albany, NY 12207

(518) 436-1661

www.CapitalRegionLaw.com

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I am not familiar with any 30 day requirement in NY. If your case involves a municipal hospital, you need to serve a Notice of Claim within 90 days; if it involves a State hospital, you need to start a case (by filing and serving a Claim) in the Court of Claims within 90 days or you can extend that period of time up to 2 years by serving the Attorney General with a Notice of Intention to File Claim. If the case involves a private hospital or doctor, the statute of limitations is 2 1/2 years. I suggest you consult with a medical malpractice attorney ASAP because there are traps for the unwary.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.

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The guideline given by Mr. Rothstein is a good one to follow. I would add that whatever the applicable time period for filing is (whether notice of claim, notice of intention against the State or 2.5 year statute of limitations against a private hospital/doctor) that period begins to run as of the date of the act of malpractice alleged and not from the date of the "corrective procedure". Consult with a local medical malpractice attorney to get more exact information applicable to you situation - the consulation is free in NY.

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