Medical Malpractice Actions in NYC
Understanding New York Malpractice Laws
Did you know that there is a time limit for filing a medical malpractice lawsuit in NYC? A claim or legal action must be begun timely or it may be lost forever.
In New York, a medical malpractice action must be brought within two and a half years from the act or omission complained of, or from the end of a continuous treatment during which an act or omission took place. Cases involving foreign objects must be brought within one year from the date when the foreign object is discovered in your body. If the claimant is incompetent (for example, a minor or insane, the two and a half year period is extended until the incompetence ceases, for a maximum of ten years for medical malpractice cases). If the action involves a wrongful death, the claim must be brought within two years from the date of death. If a governmental hospital is involved the time is extremely limited. We will protect all of the time limits in your case.
In New York, there is no cap on the amount of damages recoverable in medical malpractice cases. There is a cap on attorneys’ fees in such actions, however, on a graded scale depending upon the amount of recovery. For example, 30% of the first $250,000 of recovery, 25% on the next $250,000, 20% on the next $500,000, etc. Be assured, no fee is earned or charged until we obtain a recovery!
This brief summary demonstrates just some of the complexities of medical malpractice actions in New York. The attorneys of Pulvers, Pulvers, & Thompson LLP have the fullest knowledge, skill, and experience to represent you effectively and aggressively.
