New York Medical Malpractice – Time Limits & Statute of Limitations; Attorney Gerry Oginski Explains

New York Medical Malpractice – Time Limits & Statute of Limitations; Attorney Gerry Oginski Explains

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So now, let’s talk about the time limit a
person has — an adult — to bring a lawsuit against a private doctor or private hospital
here in the state of New York. How many of you know it? If you know it just shout it out. That’s the answer. As of today, November 19th, the time limit
you have to file a lawsuit on behalf of an injured client against a private doctor or
private hospital is tow and a half years from the date of the wrongdoing. Now, I’m going to throw a number of monkey
wrenches into the mix. Because as you know, every rule has exceptions
and this rife with lots of different exceptions. So let’s say the wrongdoing happened in a
municipal hospital such as Bellevue Hospital, Metropolitan Hospital, Jacobi Hospital, Elmhurst,
Queen’s County Hospital, Kings County Hospital. These are all municipal hospitals and they’re
all owned, operated and maintained by a legal entity known as the New York City Health and
Hospitals Corporation. And by the way, if one of your clients gets
injured in a municipal hospital in the 5 Burroughs of New York City and you somehow bring a lawsuit
against the city of New York, your case will be dismissed because you have sued the wrong
legal entity. So in any event, what happens if the wrongdoing
happened in a municipal hospital? How much time do you have in which to file
a lawsuit? Shout it out. Not all at once, take your time. I know it’s morning. Close. The answer is you must file a notice of claim
within 90 days from the date of the wrongdoing and then you must file your lawsuit within
one year and 90 days within the date of the wrongdoing. By the way, the filing of the notice of claim
with the New York City Health and Hospitals Corporation is a pre-requisite before you
are permitted to file your lawsuit. And after you file your notice of claim, you
now have to appear for a mini hearing – it’s like a mini-deposition — with the attorney
who represents Health and Hospitals Corporation to give them an opportunity to investigate. And only 30 days after that are you permitted
to file suit. Okay? So now you’re going to see that there are
different time limits not just for an adult but for a private physician, private hospital
and for a municipal facility. And you also should know that there are different
time limits for a child. So typically a child, we have a time limit
against the private doctor or private hospital, until they turn the age of majority. And in some instances, we can extend that
a little bit. But that’s the typical answer. There’s a different time limit to filing a
case against the state of New York. For example, Stony brook University. Different time limit filing a case against
the VA hospital. So all of these factors go into muddle the
mix but now let me share with you something you do need to know about. What about for wrongful death cases? So you learn this tragedy, this gentleman
bled to death and now you’re trying to determine whether or not his wife’s wrongful death matter
is timely. How much time do you have in which to file
a lawsuit on behalf of somebody who died against a private doctor or private hospital? Anybody? The answer is two years from the date of death. Now let’s go back to the municipality. Let’s say the death occurred at Bellevue Hospital. How much time does the family have to file
a lawsuit? I will tell you it’s not two years. The answer? You have 90 days in which to file a notice
of claim from the date of the wrongdoing and one year and 90 days from the date of the
wrongdoing in which to file suit. Dramatically different. Alright, let’s throw another monkey wrench
into the mix. Let’s say this is a baby case, a birth injury
case. Mom and Dad got to the hospital to deliver
their brand new baby. Everything goes well, up until the time of
delivery. Baby is born, seizing, blue. Goes to the neo-natal intensive care unit. Mom and Dad are told two days later, I’m sorry
to tell you but your baby has profound brain damage. Your baby has a condition known as cerebral
palsy. Your child will never, ever be the same as
the other kids. How much time does Mom and Dad have to file
a lawsuit against a private doctor or private hospital here in the state of New York? The answer is that, as of today, November
19th, 2013, they have 10 years from the date of the baby’s birth in which to file a lawsuit. Alright, so now let’s jump back to the municipality. Let’s say the birth occurred at Elmhurst Hospital. How much time does the family have to file
a lawsuit? I will tell you it’s not 10 years. They have 90 days from the date of the wrongdoing
in which to file that claim and then they have one year and 90 days in which to file
a lawsuit.

One thought on “New York Medical Malpractice – Time Limits & Statute of Limitations; Attorney Gerry Oginski Explains

  • Gerry Oginski Post author

    Have your clients ever asked you how much time they have to file suit? Do they ask about the different time limits in a private hospital compared to a municipal hospital? Listen in…

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