Unfortunately, as you will read below, there is no simple answer to what sounds like a simple question so please bear with me as I explain why there is not a simple answer…

The “usual” time limit (called the “statute of limitations”) for filing a medical malpractice claim in N.Y. is 2.5 years from the date of alleged malpractice. This time limit starts to run at the time of the alleged malpractice which in most birth injury cases is the date of the birth.

In Pennsylvania, the “usual” time limit for filing a Pennsylvania medical malpractice claim is 2 years from the date of the alleged malpractice.

The reason I used the word “usual” in quotes above is because there are some interesting exceptions to the “usual” time limits that apply in birth injury cases. First, these time limits are those that apply to adults in medical malpractice cases and they DO apply to any claim by the parents for their own damages due to the injuries suffered by their child.

However, there are different time limits that apply to the claims of infants (infant is defined as anyone under the age of 18). Because our laws recognize that an infant is not capable of making an informed decision about pursuing a medical malpractice claim or not, the law provides for a “tolling” of the statute of limitations until the child turns 18. This “tolling” essentially means the clock is stopped until the age of 18 but once the child reaches 18, the clock starts ticking on the time period to pursue a claim.

In NY, applying the “tolling” that applies to the claim of the infant, the time limit for a medical negligence claim is “usually” 2.5 years after the child reaches the age of 18. However, there is another law that also applies to limit the maximum amount of “tolling” to just 10 years. Accordingly, in New York, an infant’s birth injury claim usually must be filed before the infant turns 10.
Our Advice — Get Your Case Evaluated ASAP: We know these time limits sound like a lot of time but believe us when we tell you time flies when you are investigating these cases and doing the necessary work to make sure all the necessary parties are sued before these time limits expire. Accordingly, it is always a good idea to consult with an experienced medical malpractice attorney as early as possible.

Also, there are other limited exceptions to these time limits so if you are in doubt about the proper time limit, just E-mail us at info@zifflaw.com or call us at 1–800-ZIFFLAW for a free case evaluation.