The claim type and defendant matter
A statute of limitations sets a deadline for starting a lawsuit. New York uses different rules for different claims, and the correct analysis depends on the facts. Medical malpractice, other personal injury claims, and claims involving a death should not be treated as interchangeable.
Medical malpractice: a general rule with important qualifications
New York Courts lists a general two-year-and-six-month limitation period for medical malpractice. That is not a deadline calculation for your case. Continuous treatment, certain discovery rules, age, and the status of the defendant may affect the analysis. An attorney must assess the applicable rule and start date.
Public entities may require earlier action
Claims involving a public hospital or another government entity may involve notice requirements and different deadlines. Identify the facility’s full legal name and tell the attorney if you received a notice, claim form, or correspondence from a public agency. Do not rely on the general malpractice period alone.
Dates to have ready for the attorney
Prepare the dates of the incident or treatment, later appointments with the same provider, when the injury was identified, and any death related to the events. Also keep the dates on documents already filed or received. The office can evaluate timing even if the medical records are incomplete.