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When must I file suit for malpractice?

There is no clear-cut answer to this often asked question. In New York, the rule of thumb is that you must bring an action for medical malpractice within thirty months (2 ½ years) from the date the suspected malpractice occurred, or from the end of some continuous treatment that was delivered to you. There are other circumstances, such as childhood injury from malpractice, which allows minors to sue three years past the date they become 18 years of age, but the action cannot begin more than 10 years after the date of malpractice or the last day of treatment being rendered.

The best advice is to speak with a qualified medical malpractice lawyer as soon as possible to avoid being time-barred.

Posted in: Medical Malpractice FAQs