New York medical malpractice law requires demonstrating that physician negligence served as a substantial factor in causing patient harm. Proving causation demands showing that the doctor's actions, or failure to act, directly resulted in injury or death. Establishing this causal link often represents the most challenging aspect of medical malpractice litigation, particularly in cases involving patients with pre-existing conditions or complex medical histories.
Loss of chance doctrine applies in cases where medical errors reduce a patient's probability of successful outcomes. Delayed cancer diagnosis cases frequently involve loss of chance analysis—a tumor that would have responded to treatment at an early stage may progress and metastasize during delays caused by misdiagnosis. In such cases, cure rates may decline from 85 percent to 20 percent or less due to diagnostic failures.
The Bronx, New York Statute of Limitations for Medical Malpractice
The Bronx, New York's medical malpractice statute of limitations generally provides two and a half years from the date of malpractice to file legal action. However, important exceptions exist that can extend or modify this timeframe. The continuous treatment doctrine delays the statute until treatment by the negligent physician concludes. In cancer misdiagnosis cases, the statute begins running when the cancer is discovered rather than when the negligent misdiagnosis occurred.
A discovery rule applies to cases involving foreign objects negligently left in patients' bodies during surgery. When surgical instruments, sponges, or other materials remain in patients after procedures, the statute of limitations may begin only upon discovery rather than at the time of surgery. Laverne's Law, recent New York legislation addressing cancer misdiagnosis cases, modified limitations periods for these specific claims.
Timing proves critical in medical malpractice cases for reasons beyond statutory requirements. Evidence disappears over time, medical records may be altered or lost, witnesses' memories fade, and testimony changes. Jonathan C. Reiter Law Firm, PLLC employs two licensed nurses and a private investigator who work alongside attorneys to preserve evidence and build compelling cases before critical information becomes unavailable. Learn more by visiting the Bronx New York medical malpractice law firm
Jonathan C. Reiter Law Firm, PLLC
Bronx Office: 901 Sheridan Avenue, New York, NY 10451
Manhattan Office: Empire State Building, 350 Fifth Avenue, Suite 6400, New York, NY 10118 Phone: (212) 736-0979
Bronx Phone: (718) 590-4009
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Prior results cannot and do not guarantee or predict a similar outcome with respect to any future case. Recoveries always depend upon the facts and circumstances of each case, the injuries suffered, damages incurred, and the responsibility of those involved.
