The statute of limitations for New York medical malpractice lawsuits is currently 30 months. Generally, the time period for filing claims starts to run when the medical error occurred, although this might change if the Governor signs Lavern’s Law. Regardless, New York law recognizes an exception to the general rule.…
Rochester Medical Malpractice and Personal Injury Lawyer Blog
Hospital Denied Emergency Room Exception to Vicarious Liability Rule
One of the crucial threshold questions in a New York hospital negligence claim is who is responsible for the patient’s injuries. The physician who allegedly committed the malpractice would almost certainly be a defendant, but the hospital where the physician works is not always a proper defendant. In a recent case,…
New York Court Allows Prenatal Care Case to Proceed
Prenatal care is the health care provided while a person is pregnant. A failure to provide proper prenatal care can lead to injuries not only to the child’s parent but also to the child in their earliest stages of development. A woman brought a New York medical malpractice lawsuit, on behalf…
New York Court Allows Anesthesia Error Case to Proceed
Anesthesia, when administered with the proper care, allows patients to undergo surgery without feeling pain. Unfortunately, anesthesia errors are common and often lead to debilitating injures or death. A court recently decided a New York anesthesia error case involving the negligent application of morphine, a common form of surgical anesthesia.The plaintiff went…
New York Legislature Passes Lavern’s Law, Affecting Cancer Misdiagnosis Statute of Limitations
A statute of limitations is a law that limits the time period within which you may sue a person or company. The New York medical malpractice statute imposes a 30-month time limit from the date of the malpractice or from the end of continuous treatment. However, the New York legislature…