The statute of limitations is the deadline by which someone must file a lawsuit or forever lose his or her right to sue. In New York, the time for an adult to sue for medical malpractice expires two years and six months after the malpractice took place. If the malpractice took place in a City-owned hospital, the deadline is only 15 months from the malpractice. By contrast, the statute of limitations for contract lawsuits is six years and for property damages is three years. To make matters much worse, sometimes the New York medical malpractice statute of limitations runs out before the victim even knows that she has been a victim of malpractice. In which case, the victim is out of luck.
The Tragic Results of New York’s Unfair Medical Malpractice Deadline