For some, the realization that medical care went wrong comes not weeks or months later, but decades after the fact. This naturally led to the question: Can I claim for medical negligence after 20 years in New York? At the Law Office Of Cohen & Jaffe – Long Island Personal Injury Lawyers, we know that the answer isn’t always straightforward. It depends on detailed rules about statutes of limitations and clearly outlined exceptions that can be complex to navigate.
While many claims must be brought within a relatively short time, certain circumstances can extend the deadline, providing a small group of individuals the opportunity to pursue justice even long after the original treatment occurred.
Understanding Time Limits for Medical Negligence Claims in New York
The statute of limitations defines the legal window in which a person can bring a lawsuit. According to New York Civil Practice Law and Rules Section 214-a, individuals pursuing medical, dental, or podiatric malpractice claims must generally file their action within two years and six months from the date of the alleged malpractice, with certain exceptions for cases involving foreign objects or continuous treatment.
In situations such as a delayed cancer diagnosis, the law allows two years and six months from the date the patient knew or reasonably should have known about the error and its impact on their health. This concept is referred to as the discovery rule.
Because it can be challenging to determine the exact point when the time limit begins, it is strongly advised that you seek prompt legal guidance to understand how these rules may apply to your specific situation.
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So, Can I Claim for Medical Negligence After 20 Years?
In most cases, filing a medical negligence claim 20 years after the event is not allowed because of statutes of limitations. Many jurisdictions set a deadline for bringing a lawsuit, often about two to three years from the date the injury happened or when it was discovered. There are, however, exceptions in certain situations, such as fraudulent concealment or when the case involves minors or individuals with mental disabilities.
There are some exceptions to the typical statute of limitations:
- Fraudulent Concealment: When a medical provider deliberately hides their wrongdoing, the time limit to file may be extended.
- Minors: For cases involving children, the filing period may be extended until the child turns 18 in most states.
- Incapacitated Individuals: Those unable to handle their own affairs because of a mental disability may also receive an extension on the deadline.
- Statute of Repose: In some states, this rule creates an absolute cutoff for filing a medical malpractice claim, no matter when the injury is found.
In New York, these exceptions are clearly set out in the law and apply only in particular circumstances. Even when provisions such as the discovery rule or allowances for minors are involved, successfully bringing a claim 20 years after the alleged malpractice is extremely uncommon. Most attempts to file after such a lengthy period are dismissed unless they meet very specific statutory exceptions recognized by the courts.
Why Some Victims Wait Decades to Pursue a Medical Negligence Claim
People delay pursuing claims for many reasons. Sometimes the harm isn’t obvious until advanced medical testing reveals it, or symptoms surface years later in ways the patient could not have anticipated. In other cases, trust in the original provider can cause a person to delay questioning their care, only to discover the negligence when seeking a second opinion or related treatment.
Life circumstances also play a significant role. Victims may have been dealing with serious illness, extended periods of medical recovery, financial challenges, or limited access to legal guidance, making it difficult to act. Emotional factors, such as fear of confronting a trusted provider or reliving traumatic care experiences, can create even more hesitation. Unfortunately, waiting too long can mean losing the right to file altogether, which is why understanding your deadlines and taking timely action is essential.
Many ask the related question: Is it possible to claim medical negligence decades later? In almost all situations, the answer remains no unless a clear statutory exception applies.
Contact a Long Island Medical Malpractice Attorney Today
At the Law Office Of Cohen & Jaffe – Long Island Personal Injury Lawyers, we understand that taking legal action can feel overwhelming, especially when the events happened many years ago. The safest way to protect your rights is to act promptly and decisively. Our team can carefully review your medical records, evaluate whether any exceptions might apply, and guide you through the legal steps best suited to your circumstances.
For those asking, can I claim for medical negligence after 20 years? It is worth having a direct conversation with an attorney who can evaluate your situation and identify any available options. Contact us today at 516-358-6900 for a free consultation.
“I want to convey to the clients that we’re going to do the best we can and that no matter how many questions you have, you’re always going to get that service. You’re going to get courteous people who care about you.”
Richard S. Jaffe