How Long Do You Have To File A Medical Malpractice Claim?

Watch this video by dedicated Buffalo medical malpractice attorney Timothy Hiller, Esq. as he explains how long you have to file a medical malpractice claim.

So some people ask me, how long do I have to file a medical malpractice claim? And the answer is, it’s complicated. It depends on who the defendant is. If you are a victim of medical malpractice at a hospital, let’s say here locally in Buffalo, we have ECMC, which is owned by the county.

With Erie County Medical Center, special rules apply to the county, which means you only have 90 days to put them or any of their doctors on notice about medical malpractice that may have occurred there. Other times you may be dealing with a private facility or private physician where the law generally says that you have two and a half years to file or pursue a medical malpractice action. There are all sorts of exceptions to that, and there are ways that the time to file can be lengthened.

Just to give you an example, let’s say you get shoulder surgery, and it goes terribly wrong, and you continue to treat with that same doctor for four years. And at the end of the four years, you finally realize, well, he didn’t fix the problem as he said he would. You think the surgery was done wrong, and all of his care has been substandard. Although it’s been longer than two and a half years, you still have an argument to file because you’ve been treating with that doctor continuously, so the law would not require you to have filed a lawsuit against your doctor while you’re treating with them.

That’s just one example. It’s a very complicated topic, but the take-home message here is that if it’s been longer than two and a half years, you need to contact an attorney right away because the deadline to pursue the claim could be as quick as 90 days. But if it’s been a little bit longer, even if it’s been more than two and a half years, don’t assume you don’t have a claim. Contact an attorney. There are ways that medical malpractice cases can have extended statutes of limitation, and we know those rules and will help you walk through them.

If you or someone you love was injured due to medical malpractice, you may be entitled to compensation for your injuries or loss. New York’s statute of limitations may impact your ability to file a claim, so it’s important to act fast if you’ve been injured due to medical malpractice. Contact us today to arrange a free, confidential consultation with a dedicated medical malpractice attorney and let our experience work for you.