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Wendy
Wheeee!
Member since 5/05 13736 total posts
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Is there a time limit for a medical malpractice claim?
Related to child birth ...
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Posted 12/16/09 4:15 PM  |
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Ophelia
she's baaccckkkk ;)
Member since 5/06 23378 total posts
Name:
remember, when Gulliver traveled....
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Re: Is there a time limit for a medical malpractice claim?
I was just told that in NY I believe it's 3 years for a private institution and 2 years for a federal govt run institution (ie VA hospital) from the time a person would reasonably suspect an issue relating to the birth.
it is best to file the claim ASAP.
 and   to whomever needs this information.
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| Posted 12/16/09 4:19 PM |
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Wendy
Wheeee!
Member since 5/05 13736 total posts
Name:
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Re: Is there a time limit for a medical malpractice claim?
Posted by Ophelia
I was just told that in NY I believe it's 3 years for a private institution and 2 years for a federal govt run institution (ie VA hospital) from the time a person would reasonably suspect an issue relating to the birth.
it is best to file the claim ASAP.
and to whomever needs this information.
Thanks for the info! It's not related to the baby and not something life threatening. 
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| Posted 12/16/09 4:24 PM |
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Lillykat
going along for the ride...
Member since 5/05 16253 total posts
Name:
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Re: Is there a time limit for a medical malpractice claim?
Yes there is a statute of Limitations. If you FM me DH is a does defense med mal and I used to work in claims.
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| Posted 12/16/09 5:17 PM |
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Melissa77
Mommy of 3
Member since 8/08 2872 total posts
Name:
Melissa
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Re: Is there a time limit for a medical malpractice claim?
2 1/2 years if its the mom. If it's the infant, there is a toll for 10 years.
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| Posted 12/16/09 5:48 PM |
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KateDevine
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Member since 6/06 24950 total posts
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Re: Is there a time limit for a medical malpractice claim?
Posted by Ophelia
I was just told that in NY I believe it's 3 years for a private institution and 2 years for a federal govt run institution (ie VA hospital) from the time a person would reasonably suspect an issue relating to the birth.
it is best to file the claim ASAP.
and to whomever needs this information.
Actually...no
For med mal for the mother, it is 2.5 years, and like Melissa said, it is tolled 10 years for the child.
But, if it was a county/city hospital, you have to file a Notice of Claim within 90 days of the birth to preserve your claim. After that is done, you have a year to file suit.
Let me know if I can help, I was a med mal paralegal for a long time
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| Posted 12/16/09 5:57 PM |
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Melissa77
Mommy of 3
Member since 8/08 2872 total posts
Name:
Melissa
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Re: Is there a time limit for a medical malpractice claim?
Posted by KateDevine
Posted by Ophelia
I was just told that in NY I believe it's 3 years for a private institution and 2 years for a federal govt run institution (ie VA hospital) from the time a person would reasonably suspect an issue relating to the birth.
it is best to file the claim ASAP.
and to whomever needs this information.
Actually...no
For med mal for the mother, it is 2.5 years, and like Melissa said, it is tolled 10 years for the child.
But, if it was a county/city hospital, you have to file a Notice of Claim within 90 days of the birth to preserve your claim. After that is done, you have a year to file suit.
Let me know if I can help, I was a med mal paralegal for a long time
Thanks. I was driving home thinking I forgot about muni hospitals
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| Posted 12/16/09 7:18 PM |
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