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When Can I File a Malpractice Suit in New York?

Early detection and treatment can make all the difference in what kind of care a patient receives for their illnesses. If detected soon enough, diseases such as some forms of cancer can be treated and patients can eventually become cancer free and survive at a much greater rate than if it is caught later in the course of the illness.

Not detecting a potentially deadly disease such as cancer in its early stages can drastically change the course of treatment – and limit its success. Patients trust their doctors to correctly diagnose illnesses and to treat them sufficiently. Successful and accurate diagnosis is one of the most important parts of medicine. When doctors and other medical professionals fail to do this, they need to be held accountable for those failings.

In the State of New York, if a patient discovers that their doctor got their diagnosis wrong, they have a very limited time in which to file a malpractice lawsuit against the doctor. The time limit is 2 1/2 years after the date of the diagnosis or injury rather than the time that the patient discovered the incorrect diagnosis or injury.

The introduction of Lavern’s Law in the state of New York would increase the amount of time that a patient has to file a lawsuit in the case of an incorrect diagnosis or injury. The law, if passed, would bring the state of New York in line with most other states where bringing a legal action of malpractice against a doctor for misdiagnosis would begin at the time when the patient discovered the misdiagnosis or injury – rather than when the mistake was first made.

According to the National Institute of Health, malpractice or professional medical negligence is responsible for more than 200,000 deaths annually. When a patient or their loved ones file a malpractice lawsuit against a doctor, hospital or other healthcare provider, it’s important to have an attorney who is experienced and knowledgeable in this complex area of the law.

At Bottar Leone, PLLC, we have represented patients and their families in the State of New York for nearly 30 years.

If you or a loved one has been injured due to medical malpractice, contact us today. We will rigorously evaluate your case, inform you of your rights, and discuss with you the potential of receiving compensation for medical expenses, rehabilitative care, loss of income, and pain and suffering.

Call today to speak with an experienced New York medical malpractice attorney. They will answer your questions and concerns about your case. You may contact us at our toll free number (888) 979-1689, or at (315) 313-6809, or reach us by email at