Medical Malpractice looking for advice on a sugical error

[Dmarty]

also the staute limitations in newyork state.

 

[army judge]

also the staute limitations in newyork state.

Generally, you have 2.5 years to bring a medical malpractice case in NY.

Mist lawyers will take these cases on a contingency, so no out of pocket expenses are required.

Statutes of Limitations

In New York, any 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 the act or omission took place. N.Y. C.P.L.R. § 214a (McKinney 1990). However, foreign object cases may be brought within one year from the date upon which the foreign object is discovered. Id. A claimant's incompetency (i.e., infancy or insanity) tolls the above-noted limitations until the disability ceases, but in medical malpractice cases this can only extend the limitations period a maximum of ten years. N.Y. C.P.L.R. § 208 (McKinney 1990).

An action alleging wrongful death must be brought within two years from the date of death. N.Y. Est. Powers & Trusts Law § 5-4.1 (McKinney Supp. 1997-1998); Krowicki v. St. Elizabeth Hospital, 113 A.D.2d 1023, 494 N.Y.S.2d 590 (1985).

Contributory or Comparative Negligence

New York is a pure comparative negligence state. A claimant's negligence, no matter how great, will not bar recovery, but the damages recoverable will be reduced in proportion to his negligence. N.Y. C.P.L.R. § 1411 (McKinney 1997).

Joint and Several Liability

As a general rule, New York holds joint tortfeasors jointly and severally liable. Klinger v. Dudley, 41 N.Y.2d 362, 361 N.E.2d 974, 393 N.Y.S.2d 323 (1977). However, any joint tortfeasor whose liability is 50 percent or less of the tortfeasors' combined fault is severally liable only for the claimant's non-economic losses. N.Y. C.P.L.R. § 1601 (McKinney 1997). Non- parties are not counted in this calculation if they could not be joined or are immune from liability.

http://www.mcandl.com/newyork.html

SOL for NY

4 years Breach of Warranty

3 years Personal Injury

6 years Contracts-Written

6 years Contracts-Oral

3 years Property Damage

3 years Negligence

3 years Products Liability

3 years Strict Products liability