According to the Civil Practice Law and Rules (CPLR) 214-A, a patient has 2 years and 6 months to pursue a medical malpractice lawsuit in New York for a delayed breast cancer diagnosis. This time limit begins either from the date of the alleged malpractice or the end of continuous treatment.
The statute of limitations for delayed breast cancer diagnosis also has exceptions that may allow you to file a claim even if time has passed, depending on specific circumstances. If these exceptions are not applicable, the court may dismiss the lawsuit.
Given these time constraints and conditions, it is best to consult with a medical malpractice attorney as soon as possible to protect your legal rights and ensure your case is filed within the applicable time frame.
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Exceptions to the Statute of Limitations
Under CPLR Section 208, the statute of limitations for a delayed breast cancer diagnosis may be extended for plaintiffs who were mentally incapacitated at the time of the alleged malpractice.
| - If the normal time limit is 3 years or more, they have up to 3 years after the disability ends or they’ve died, to file a lawsuit. |
| - If the normal time limit is less than 3 years, the time is extended by the duration of their disability or condition. In this case, since the time limit for medical malpractice is 2.5 years, the tolling (pause) may continue until the disability ceases. |
However, it's important to note that New York law imposes an overall time limit on these extensions. The statute of limitations cannot be extended beyond ten years from the date of the alleged malpractice, regardless of the plaintiff's age or mental status.
The complexities of medical malpractice law, particularly regarding statutes of limitations for delayed breast cancer, underscore the importance of seeking timely legal advice. Consider contacting a specialized New York attorney focusing on breast cancer cases.
Can a Parent or Guardian File a Claim on Behalf of the Patient?
Yes, under New York CPLR § 1201, a parent or legal guardian can file a claim for a delayed breast cancer diagnosis on behalf of an incompetent person. This provision protects victims' legal interests when they cannot represent themselves due their disability.
The compensation sought in such cases primarily focuses on the victim's current and future needs stemming from the harm. This may include medical expenses, potential long-term care requirements and many more.
Consequences of Filing a Lawsuit Past the Statute of Limitations
When legal action regarding delayed breast cancer diagnosis is initiated after the expiration of the statute of limitations, the case is deemed time-barred. This means the plaintiff is legally prohibited from pursuing the claim due to the passage of time specified by law.
In such instances, the defendant can file a motion to dismiss the case on the grounds that it is time-barred. If the court concurs with this assessment, it will typically dismiss the case, effectively ending the legal proceedings.
However, in cases where the statute of limitation is extended as mentioned earlier, the defendant may be required to endure a waiting period.
Medical malpractice law involves many factors that can impact the timing and procedures for filing a claim. If you require assistance, our experienced attorneys at the Porter Law Group are available to provide support and guidance to make the filing process easier for you.
How to File a Claim for Delayed Breast Cancer Diagnosis
An initial investigation is required before establishing a lawsuit. During the investigation, the legal team aims to prove the following elements:
| 1. Duty of Care – Was there an appropriate doctor-patient relationship? |
| 2. Breach of Duty – Did your doctor fail to uphold their legally sworn responsibilities? |
| 3. Causation – Did your doctor’s mistakes directly cause you suffering/injury? |
| 4. Damages – What did these mistakes cost you (medically, financially, emotionally, etc.)? |
Our experienced medical malpractice attorneys work with trusted medical consultants to thoroughly investigate your case and build a strong claim.
At the Porter Law Group, we aim to win your case and secure the compensation you deserve for medical expenses, lost wages, and other damages caused by the delayed breast cancer diagnosis. See our track record of successful outcomes for our clients.
Do You Have Questions about Filing a Medical Malpractice Claim?
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Speak to a Breast Cancer Lawyer Today
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.
We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
