Patients often ask us, “How long do you have to sue a doctor after surgery?” In New York, strict deadlines, called statutes of limitations, control when a medical malpractice lawsuit may be filed. Generally, patients have two years and six months from the date of the negligent act, or from the end of continuous treatment for the same condition, to begin a claim. While that may sound like ample time, surgical injuries can surface slowly, and legal cases are complex. At the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers, we help patients protect their rights within these critical timeframes.
Circumstances That Could Extend Time Limitations on Surgical Malpractice
New York law recognizes that not every surgical error is immediately apparent. For that reason, there are specific exceptions that may give patients additional time:
Continuous treatment doctrine:
If you continued receiving treatment from the same provider for the same condition after the surgery, the statute of limitations begins when that course of treatment ends.
Minor or Mentally Incapacitated Patients:
Under New York law, the statute of limitations for a medical malpractice claim may be extended (tolled) if the patient was under 18 years old or mentally incapacitated when the malpractice occurred. In these situations, the time to file a lawsuit does not begin until the person reaches legal adulthood or regains mental capacity. This tolling rule is established by New York Civil Practice Law and Rules § 208, which protects individuals who cannot reasonably act on their own behalf when the cause of action arises.
Public hospital cases:
Claims involving municipal facilities like NYC Health + Hospitals require filing a Notice of Claim within 90 days and may have shorter deadlines overall; however, the exact timeline depends on the facts of the case, including where the treatment occurred, who provided care, and whether the facility is publicly operated.
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Steps to Take If You Suspect Surgical Malpractice
The moment you believe something went wrong during surgery, timing becomes critical. Here are immediate steps to protect your rights:
- Request your medical records. These documents will form the foundation of your case.
- Seek an independent medical opinion from another surgeon or specialist. Their review can help identify whether your care deviated from accepted standards.
- Track your symptoms and treatment in a journal. Detailed notes of pain, recovery setbacks, or additional procedures can demonstrate ongoing harm.
- Consult a malpractice attorney early. In New York, filing requires a certificate of merit from a qualified physician, so early legal review is crucial.
These steps protect your health and ensure evidence is preserved before key deadlines pass.
Common Surgical Errors That Can Lead to Malpractice
Surgery carries risks, but malpractice claims focus on preventable mistakes. Some of the most common errors include:
- Performing surgery on the wrong body part or patient.
- Misuse or malfunction of surgical instruments.
- Anesthesia errors that result in oxygen deprivation or brain injury.
- Failure to monitor vital signs or respond to complications during the procedure.
- Postoperative neglect, including failure to address infections or internal bleeding.
- Retained foreign objects, such as sponges, clamps, or fragments of instruments.
The American College of Obstetricians and Gynecologists (ACOG) notes that surgical safety starts before entering the OR and relies on a team-based systems approach: preprocedure verification, communication, site marking, and a final “time out” to prevent wrong patient/side/procedure and retained foreign objects, consistent with the Joint Commission’s Universal Protocol.
What Compensation Can You Recover After a Surgical Malpractice Lawsuit?
The damages available in a malpractice claim vary by case, but they often cover both economic and non-economic losses, including:
- Medical expenses: Corrective surgeries, hospital care, medications, and rehabilitation.
- Lost income: Wages missed during recovery and reduced future earning ability.
- Pain and suffering: Compensation for physical pain and emotional distress.
- Loss of enjoyment of life: For patients who lose independence or daily functionality.
- Wrongful death damages: In fatal cases, families may recover for funeral costs and the loss of support.
Every case is unique, but our commitment is to help injured patients access the resources and support they need to rebuild their lives.
Speak to a Long Island Medical Malpractice Lawyer for a Case Review
How long do you have to sue a doctor after surgery? This question requires more than simply knowing the general statute of limitations. It depends on the facts of your care, the type of error, and where it occurred. At the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers, we guide patients through these challenges with care and determination. Call 516-358-6900 today to schedule a case evaluation with a Medical malpractice lawyer.
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