Yes. If the doctor committed medical malpractice then you can sue. But, first off, just how badly were you injured and how has that impacted your life? You see, even if malpractice was committed, there must be a very substantial injury to warrant the cost, effort and commitment needed to prosecute a medical malpractice to a worthwhile conclusion. Please note the following necessary legal disclaimer: I have not given legal advice. I only give legal advice to my clients. I am not acting as your attorney. I have not agreed to represent you. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. All claims have time limits. In general, under New York law they are: three (3) years for personal injury and property damage actions, two and one half (2 ) years for medical malpractice claims, two (2) years for wrongful death, one (1) year for an intentional wrongdoing, six (6) years for contract claims, but four (4) years for sales of goods under the Uniform Commercial Code, and four (4) months to challenge an action or decision of a government body, department or agency. However, in a claim for personal injury or property damages, if any person or entity at fault is affiliated with a municipal or other government department, agency or facility, then you may be required to file a notice of claim within ninety (90) days and then commence a lawsuit within one (1) year and ninety (90) days, but sometimes within one (1) year. These time limits have exceptions. Never sit on your rights! I am admitted to practice in New York State. I am not licensed to practice in any other State.
Answered on Jun 27th, 2011 at 4:21 PM