by Robert G. Sullivan,Esq of Sullivan Papain Block McGrath and Cannavo,P.C.
There are very few hard and fast rules under New York law. However, the statute of limitations while one of the most fundamental, is also one of the most rigid and strict rules of law in this State. The statute of limitations is how long you have to commence a lawsuit before you are forever barred from doing so due to the passage of time. Under New York law, a person’s unawareness of the applicable statute of limitations is not an excuse or grounds to extend the limitations period. Therefore, it is critical that one act as soon as possible in order to protect their rights.
Generally, New York law provides that a personal injury lawsuit for medical, dental or podiatric malpractice against a private party must be started within 2-1/2 years of the time that the claimed malpractice occurred. In certain cases in which the doctor or other health care provider “continuously” treated the same condition(s) after the date that the claimed malpractice occurred, the 2-1/2 year period for starting the lawsuit against that party may not start to run until the last date of the “continuous treatment.” However, the “continuous treatment” extension of the time limitations has been applied by the courts in very limited circumstances. For instance, courts have routinely held that their must be a mutual understanding between the patient and the doctor that there is a continuing and ongoing course of treatment for the condition at issue. Visits for unrelated issues or routine check ups have been held not to qualify under the continuous treatment doctrine. Courts have also held that any break in treatment longer than that the underlying limitations period will break the course of treatment for the purposes of the continuous treatment doctrine.
When medical, dental or podiatric malpractice is committed upon a person under the age of eighteen (18) years, referred to as an “infant”, New York law further provides a time extension for “infants” that allows lawsuits for personal injury arising from the claimed malpractice to be commenced within 10 years of the “accrual date” or within 2-1/2 years after the “infant” reaches the age of eighteen (18) years, whichever is earlier.
A parents’ loss of services claim arising from medical, dental or podiatric malpractice committed upon their child, must be brought within the 2-1/2 year time frames mentioned above. However, extensions of the time limitations for these claims based upon “continuous treatment” may or may not apply, depending upon the particular case.
Typically, the time limitations in a case against a federal, state, city, town or other public hospital/health care facility is much shorter and may also require first serving a notice of claim within an even shorter period of time.
The statute of limitations and the continuous treatment doctrine can have particularly harsh results in certain circumstances. This article is intended for informational purposes only, we are not rendering any legal advise or opinion about a particular scenario. Every situation is different and should be evaluated based on its facts. While we hope you find this article informative, if you are contemplating a possible action for medical negligence we strongly recommend that you contact an attorney immediately in order to protect your rights before they expire.
Robert G. Sullivan,Esq, New York medical malpractice lawyer of Sullivan Papain Block McGrath and Cannavo,P.C.
