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When not to file a Medical Malpractice Case in New York

Between 1999 and 2008, a high proportion of medical malpractice claims were filed in New York State. Court Statistics.org reports that in 2008 medical malpractice cases resulted in 7.4% of all tort cases, and 1.1% of all civil lawsuits filed in the state. As medical malpractice laws differ from state to state, it is important to understand the New York State laws pertaining to medical malpractice before filing a lawsuit.

Can You File a Medical Malpractice Lawsuit after the Permitted Time is Over

In the state of New York, you can bring a case of medical malpractice against a municipal hospital within 90 days of the wrongdoing. However, what happens if these 90 days have passed and the victim wants to file a lawsuit? There are certain provisions in the law that will allow a medical malpractice victim still to file a lawsuit, but the procedure can be quite challenging and there are chances of the court not permitting the lawsuit.