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The New York Statute of Limitation for Medical Malpractice

The state of New York’s statute of limitation for medical malpractice provides a time limit for filing a medical malpractice claim. The personal injury law firm of Lipsig, Shapey, Manus & Moverman, P.C. has extensive knowledge of the NY statute of limitations for medical malpractice as well as the exceptions and other relevant statutes. Our attorneys have counseled clients with a wide variety of malpractice circumstances, and we know that every client’s case is unique. Whatever the circumstances, our goal is to obtain the best possible outcome for each medical malpractice incident.

Types of Medical Malpractice
Medical malpractice is a growing problem in the United States and experts estimate that medical errors are responsible for tens of thousands of deaths each year. Some of the more common instances of medical malpractice include:

• Failure to diagnose or misdiagnosis
• Surgical error
• Medication errors
• Birth injuries
• Anesthesia errors

The malpractice may have been on the part of a:

• Physician
• Specialist
• Nurse
• Anesthesiologist
• Emergency medical technician (EMT)
• Paramedic
• Midwife
• Other healthcare professional

Baseline Is 2 ½ Years
For medical malpractice, the statute of limitations is only “2-1/2 years from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place.”

Unfortunately, the New York statute of limitations does not start from the date of the individual’s discovery of the malpractice. Rather, it starts at the date of the incident. However, there are exceptions to this statute, and other statutes may apply. Each case is unique, so if you suspect you’ve been the victim of medical malpractice, it’s always in your best interest to consult with an experienced attorney as soon as possible.

Contact a Medical Malpractice Attorney
There are more aspects of New York’s statutes of limitations for medical malpractice. If an instance of medical malpractice may have harmed you or a member of your family, don’t delay; contact the New York City medical malpractice lawyers of Lipsig, Shapey, Manus & Moverman, P.C. today to discuss your options.

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May 26, 2009 - Our client, Amanda Dinnigan, a ten-year-old passenger in a GMC Envoy, was so seriously injured that she is now permanently a quadraplegic due to a defective seat belt in this General Motors designed car. Her medical expenses are estimated at approximately a half million dollars a year. Unfortunately, with the bankruptcy of General Motors, little Amanda may not be able to receive any compensation whatsoever for her devastating injuries nor for these very high continuing medical costs. Click here to see the full Daily News article of May 26, 2009. Click here to see the full New York Post article of May 26, 2009.

September 4, 2008 - Attorney Thomas Moverman's Article on Preservation of Evidence

June 16, 2008 - Lipsig Lawyers obtain $4.3 million for Albanian Client

June 13, 2008 - Manhattan Jury Awards $540,000 to Lipsig client struck by "Hit and Run" vehicle 

April 29, 2008 - Jury Awards $12.72 Million Verdict in Infant Lead Poisoning Case

January 22, 2008 - Stamina Products to Pay $105,000 Civil Penalty for Failure to Report Defects with Mini-Trampolines

January 15, 2008 - Toy Wrestler Figures Recalled by A.A. of America Due to Violation of Lead Paint Standard

January 17, 2008 - Cranium Cadoo Board Games Recalled Due to Violation of Lead Paint Standard

Lead Poisoning Case - Plaintiff settled a case involving childhood lead poisoning at a mediation, for the sum of $1,300,000. This case involved a young girl who sustained lead poisoning from ingesting lead-based paint that was peeling and chipping from the walls of two apartments in Brooklyn, where her uncle and maternal grandparents lived. The settlement was paid by the two insurance carriers for the two building owners. The settlement will provide substantial payments to the child when she turns 18, and is greater than any reported sustained verdicts for lead poisoning cases in Brooklyn.

Infant Lead Paint Poisoning Case - Jury Awards $12.72 Million Verdict in Infant Lead Poisoning Case

Lead Paint Poisoning Case - Won a $50 million verdict for a young child who developed severe brain damage as a result of lead poisoning. The building owner where the child lived was found negligent.

Faulty Traffic Light Case - Won a $39 million verdict for a 12-year-old boy who was struck by an automobile because the City failed to install a traffic light.

School Assault Case - Won a $10 million verdict for a young girl who was violently assaulted in the stairwell of a City public school.

Subway Accident Case - Won a $9.3 million verdict for a 29-year-old man who lost his left arm and suffered an open skull fracture as the result of being struck by a subway train.

Automobile Accident Case - Won a $7.6 million verdict for a 65-year-old woman who lost her leg as a result of being struck by a vehicle that had skidded on an icy roadway.

Intruder Assault and Defamation - Won a $6 million verdict for a woman who was brutally attacked and stabbed in her apartment building due to poor security.

Defective Seat Belt - Won a $9.5 million verdict for the family of a woman killed by a defectively designed belt during a low-speed collision at a Bronx intersection.

Have you been seriously injured? You may be entitled to recover money.

We work on a contingency basis, which means that you don't pay a cent until you receive compensation, at which point you are charged a percentage of the settlement. There is no fee for our services unless a recovery is won.

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