How Long Do I Have to File a New York Medical Malpractice Lawsuit if My Baby Suffered a Birth Injury?


A: This is a very important question that our New York birth injury attorneys are often asked, and it is a topic that we often bring up in our initial consultation with a client.

Generally, New York law provides that a medical malpractice lawsuit, including a birth injury lawsuit, must be filed within 2.5 years from the date that the malpractice occurred. That said, there are exceptions that could either shorten or lengthen the time you have to file a lawsuit and protect your child's right to damages. For example, if the hospital that caused your child's injury is a government hospital, then your right to file a lawsuit may be less than 2.5 years. However, if the hospital that caused your injury was not a government hospital and your child could not be diagnosed for months or even years after the injury occurred, then the statute of limitations may be extended.

Once the New York birth injury statute of limitations has expired, a lawyer may not be able to help your family get the recovery that you deserve. To find out how much time you have to file a lawsuit and to protect your child's rights, please contact an experienced New York birth injury lawyer at 1-800-PAGAN-911 today.