How Does the “Discovery Rule” Work in my New York Medical Malpractice Case?

If you have been injured due to medical malpractice in New York, you have a legal right to file a claim for compensation. However, it’s important to understand the discovery rule and how it works.

In New York City, the discovery rule provides an exception to the deadline for filing a medical malpractice claim. In certain situations, patients may not immediately realize they have grounds for a lawsuit. This rule typically applies when a foreign object is left inside a patient’s body during surgery or when there is a failure to diagnose cancer. Under these circumstances, a medical malpractice lawsuit may be filed within one year from the date the foreign object or the illness is discovered.

Overall, this discovery rule means that the usual two and a half years that an injured plaintiff has to file a malpractice claim is, essentially, extended. Usually, the statute of limitations in this type of claim begins from the date of the injury. However, in this situation, the individual may not know they suffered an injury until sometime later.

In the case of failure to diagnose cancer, which is known as Lavern’s Law, if a patient realizes too late that they have been misdiagnosed or not diagnosed at all, they have the right to pursue a claim. This is a new law that was instituted in 2018 after a patient died in 2013 after being misdiagnosed in spite of having a treatable form of lung cancer. Once the woman was properly diagnosed, it was too late as her cancer had progressed to a later stage. She was also unable to pursue a medical malpractice claim due to the amount of time that had passed.

Your New York City medical malpractice attorney can help you pursue the compensation you deserve for your case. These cases are typically handled on a contingency fee basis, meaning your lawyer only receives a percentage of your settlement or award if your case is successful. If you don’t recover compensation, you don’t owe attorney’s fees.

If you have suffered injuries due to medical malpractice, you need the experienced medical malpractice attorneys at the Levitsky Law Firm on your side. Our New York City legal team will fight tirelessly to pursue the compensation you deserve for your case.