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Who can file a medical malpractice Lawsuit? Can surviving child file for parent? What is the statute of limitation to file?

Asked in New York, NY - 9 months

Please Help. Need to know who can file a Medical Malpractice Lawsuit and what are the statute of limitation to file same, in New York.? Can surviving child file claim for a parent. (Child not a minor) Parent died due to Medical Malpractice and as surviving child (over age 30) need to know what recourse I have. Appreciate all time and interest given.

Attorney Answers (3)

Joseph Jonathan Brophy

Joseph Jonathan Brophy

White Plains Medical Malpractice Attorney

Licensed in NY

Answered 9 months ago. The general statute of limitations for medical malpractice in New York is 2 1/2 years from the date of the malpractice. For wrongful death claims, it is 2 years from the date of death. If the claim is against a municipality, the malpractice statute is shorter and in addition a notice of claim neeeds to be filed within 90 days after the incident. A personal representative needs to be appointed for the estate in order to file a wrongful death suit. Absent a Will naming an executor, a surviving spouse would be first in line to be appointed legal representative, surviving child would be next.
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2 comments

Eric Edward Rothstein

Eric Edward Rothstein

New York Personal Injury Lawyer

Licensed in NY

Answered 9 months ago. If there is a will, the Executor is the person who sues. If there is no will, someone has to go into Surrogate's Court. The statute of limitation depends on whether this was a private or City/State hospital and can get a little tricky with some potential claims. I suggest you consult with an attorney who handles medical malpractice cases. If its a City/State hospital there is a Notice of Claim, Claim or Notice of Intention to Make Claim requirement depending on whose hospital it is.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
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Jeffrey R Finley

Jeffrey R Finley

Phoenix Medical Malpractice Attorney

Answered 9 months ago. I agree with both of the previous answers and can only add that given the lack of facts in your question you should immediately seek the advice of a lawyer experienced medical malpractice cases. The statute of limitations is as you have already perceived a fantastic defense for defendants. In this case, you are aware of the issue and therefore need to be even more vigilant in protecting your rights. As most medical malpractice lawyers are "contingent fee" lawyers, it should be easy and inexpensive to have your case reviewed. Best wishes.
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