Ask The Judge: Too late to sue for medical malpractice?

Ask the Judge

 By Judge Frank R. Bayger (retired)

bayger

Judge Frank Bayger (retired)

Dear Judge Bayger: I broke my arm four years ago while riding my bike. I was taken to ECMC where they put plates and screws into my arm to fix it. After a year, I was told that I was healed (they didn’t take the hardware out) and I’m supposed to be all right. A couple of months ago, I still felt some numbness and tingling in my arm. I went to see a lawyer about suing the hospital, but he says it is too late and I can’t. Why not? Yours truly, S.J.

Dear S.J., In all likelihood, the main reason you do not have a case is because the statute of limitations ran out. Most legal causes of action have a particular time frame within which you must bring your lawsuit. The time limit is set by state law.

For most medical malpractice cases, the statute of limitations is two and a half years from the date of the misdiagnosis or maltreatment. That time period may be tolled if certain conditions exist, such as continuous treatment or whether the patient is a minor.

If your broken arm was treated in the normal course, it would take about a year to evaluate the extent of any permanent condition. Unless you were specifically prescribed additional treatment during the following time, your statute of limitations would have expired two and a half years after you were told that you were healed. Particularly if you only reported feeling “something wrong” within the last couple of months, the time to take action has passed.

In a medical situation, if you feel something isn’t right, you have to speak up immediately. If your doctor won’t acknowledge the problem, get a second opinion to either confirm or disprove your fears.

It is difficult to prove a medical malpractice case without timely medical evidence to support your claim. Your lawyer also likely quickly dismissed your case because you were treated at ECMC, which is a public hospital. Under New York law, you must file a notice of claim within 90 days after the claim arises before you can bring a lawsuit. You don’t have to bring the lawsuit immediately, but you have to put the hospital on notice so they have an opportunity to investigate in a timely fashion. You have one year and 90 days from the date of the occurrence giving rise to the claim to bring the lawsuit.

With the court’s permission, you may file a late notice of claim, but that would only be granted if the court believes the public corporation (the hospital) had acquired actual knowledge of the essential facts that constitute the claim within the 90 days. New York’s highest court, the Court of Appeals has recently held that possession of the medical records alone is not enough to constitute notice of the claim. A plaintiff would need a strong excuse as to why the notice was late otherwise.

(Retired State Supreme Court Justice Frank R. Bayger invites you to submit legal questions pertaining to personal injury or wrongful death cases to him for a published response. Email your questions to Judge Bayger, a Hall of Fame trial lawyer, and the judge will respond in writing in the Niagara Falls Reporter.

Send your email to frankrbayger@gmail.com or write the Law Firm of Frank R. Bayger, P.C., 2578 Niagara Falls Blvd., Niagara Falls, NY 14304.)

41 Comments

  1. Thanks for sharing your thoughts. I truly appreciate your
    efforts and I am waiting for your next post thank you once again.

  2. Each single day you wont be discovered by your customers means a lack of cashSearch Engine Marketing Consultant

  3. My spouse and I stumbled over here different page and thought I might as
    well check things out. I like what I see so now i am following you.
    Look forward to finding out about your web
    page for a second time.

  4. Fantastic read, I just passed this onto a colleague who was doing a little research on that. And he actually bought me lunch because I discovered it for him smile So let me rephrase that: Thanks for lunch!

  5. Glad to be one of several visitors on this awesome internet site .

  6. Simply desire to say your article is as amazing. The clearness
    in your post is simply nice and i can assume you are an expert on this subject.
    Fine with your permission allow me to grab your feed to keep up to date with forthcoming post.
    Thanks a million and please keep up the rewarding work.

  7. Good post! We will be linking to this great post on our site.
    Keep up the good writing.

  8. Thank you for the good writeup. It in fact was a amusement account it.

    Look advanced to more added agreeable from you!
    By the way, how can we communicate?

  9. Hi there Dear, are you really visiting this web site on a regular
    basis, if so afterward you will without doubt obtain good experience.

  10. Nice weblog right here! Also your web site rather a lot up
    fast! What web host are you the use of? Can I am getting your associate link on your host?
    I wish my website loaded up as quickly as yours lol

  11. Hello! Do you know if they make any plugins to help with SEO?
    I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good gains.
    If you know of any please share. Cheers!

  12. Hello my friend! I wish to say that this article is
    awesome, great written and include approximately all vital infos.

    I’d like to peer more posts like this .

  13. When someone writes an piece of writing he/she maintains the idea of a user in his/her brain that
    how a user can be aware of it. So that’s why this article is outstdanding.
    Thanks!

  14. Hey there! This is my first visit to your blog!

    We are a group of volunteers and starting a new initiative in a community in the same niche.
    Your blog provided us valuable information to work
    on. You have done a wonderful job!

  15. Just wish to say your article is as amazing. The clarity in your post is just
    nice and i could assume you’re an expert on this subject.
    Fine with your permission let me to grab your feed to keep updated with forthcoming post.
    Thanks a million and please keep up the enjoyable work.

  16. I think that what you said made a lot of sense. But, what about this?

    what if you added a little content? I ain’t suggesting your information is not good,
    but suppose you added a headline that grabbed people’s attention? I mean Ask The Judge: Too late to sue for medical
    malpractice? – Niagara Falls Reporter is kinda plain. You could peek at Yahoo’s home page and
    see how they create article titles to grab people to click.
    You might add a related video or a picture
    or two to get people interested about everything’ve
    written. Just my opinion, it could make your website a little bit more interesting.

  17. Appreciate the recommendation. Will try it out.

  18. Hello, i think that i saw you visited my blog so i came to “return the favor”.I’m trying
    to find things to improve my site!I suppose its ok to use some
    of your ideas!!

  19. Excellent website you have here but I was wanting to know if you knew of any message boards
    that cover the same topics talked about in this article?
    I’d really love to be a part of group where I can get feedback from other experienced people that share the same interest.

    If you have any recommendations, please let me know.
    Thanks!

  20. Good blog you have got here.. It’s difficult to find quality writing like yours nowadays.
    I seriously appreciate people like you! Take care!!

  21. This is my first time visit at here and i am
    actually happy to read all at one place.

  22. I was curious if you ever considered changing the page layout of
    your blog? Its very well written; I love what youve got to say.

    But maybe you could a little more in the way of content so people could connect
    with it better. Youve got an awful lot of text for only having 1 or two
    images. Maybe you could space it out better?

  23. I think this is among the most vital info for me.

    And i’m glad reading your article. But wanna remark on few general things,
    The website style is ideal, the articles is really nice : D.
    Good job, cheers

  24. Priligy Dapoxetine Critique online pharmacy Viagra No Hace Efecto

  25. This paragraph offers clear idea in favor of the new viewers of blogging, that actually
    how to do blogging and site-building.

  26. Heya this is kind of of off topic but I was wanting to know if blogs use WYSIWYG editors or if you
    have to manually code with HTML. I’m starting a blog soon but have no coding skills so I wanted to get guidance from someone with experience.

    Any help would be enormously appreciated!

  27. I am really delighted to read this website posts which
    includes lots of valuable data, thanks for providing such data.

  28. Hello there, just became aware of your blog through Google, and found that it is really informative.

    I’m gonna watch out for brussels. I will be grateful if
    you continue this in future. Many people will be
    benefited from your writing. Cheers!

  29. This design is steller! You certainly know how to
    keep a reader amused. Between your wit and your videos, I was almost moved to start my
    own blog (well, almost…HaHa!) Wonderful job.
    I really loved what you had to say, and more than that, how you presented it.

    Too cool!

  30. What Is Amoxicillin Male Pattern Propecia In Women Buy Doxycycline Usa [url=http://tadalaf20mg.com ]cialis[/url] Buy Propecia England

  31. Greetings I am so glad I found your blog page, I really found you by mistake,
    while I was researching on Yahoo for something else, Regardless I am here now and would
    just like to say cheers for a incredible post and a all round entertaining
    blog (I also love the theme/design), I don’t have time to go through
    it all at the moment but I have saved it and also added your RSS
    feeds, so when I have time I will be back to read a great deal more, Please do keep up the fantastic work.

  32. I all the time emailed this web site post page to all
    my associates, for the reason that if like to read it after that my contacts will too.

  33. Wow, awesome blog layout! How long have you been blogging for?
    you make blogging look easy. The overall look of your web site is magnificent, let alone the content!

  34. Lasix Pills Online [url=http://orderlevi.com]levitra on line italia[/url] Vendo Viagra Barcelona Viagra Femenina Natural

  35. If some one needs expert view on the topic of running a blog then i advise
    him/her to pay a visit this webpage, Keep up the good work.

  36. Propecia Online Review Viagra Repas Medrol Over The Counter Options [url=http://levibuying.com]bayer generic generic levitra 100mg[/url] Online Generic Propecia Review Buy Clozaril

  37. Appreciate this post. Let me try it out.

  38. Write more, thats all I have to say. Literally, it seems as though you
    relied on the video to make your point. You obviously know what
    youre talking about, why throw away your intelligence on just posting videos to your
    site when you could be giving us something enlightening to read?

  39. Hmm is anyone else experiencing problems with the images on this blog loading?
    I’m trying to determine if its a problem on my end or if it’s the blog.

    Any responses would be greatly appreciated.

  40. Quality articles is the main to invite the users to pay a visit the
    web page, that’s what this site is providing.

  41. Il Viagra Scade Order Tonic Water And Amoxicillin [url=http://sildenafdosage.com]viagra online prescription[/url] Amoxicillin Targets What Bacteria

Leave a Reply

Your email address will not be published. Required fields are marked *

*

FOLLOW US ON FACEBOOK

https://www.facebook.com/NiagaraReporter/
 
Scroll Up.wpzoom (color:black;}