<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by plh:
does anyone know the stature of limitation on malpractice or wrongful death in New York? <HR></BLOCKQUOTE>
My response:
Civil Practice Law & Rules
ARTICLE 2
LIMITATIONS OF TIME
214-a. Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions. An action for
medical, dental or podiatric malpractice must be commenced within two years
and six months of the act, omission or failure complained of or last
treatment where there is continuous treatment for the same illness, injury
or condition which gave rise to the said act, omission or failure;
provided, however, that where the action is based upon the discovery of a
foreign object in the body of the patient, the action may be commenced
within one year of the date of such discovery or of the date of discovery
of facts which would reasonably lead to such discovery, whichever is
earlier. For the purpose of this section the term "continuous treatment"
shall not include examinations undertaken at the request of the patient for
the sole purpose of ascertaining the state of the patient`s condition. For
the purpose of this section the term "foreign object" shall not include a
chemical compound, fixation device or prosthetic aid or device.
But also read:
http://www.nylj.com/verdicts/experts/medmal/ex010599.html
IAAL
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