Syracuse Personal Injury Law Blog
Biopsies are routine procedures commonly used for diagnostic purposes. Although biopsies are relatively low-risk, they can nonetheless cause injuries if they are not performed properly and may form the basis of medical malpractice claims. As with all civil claims, though, they must be filed within the applicable statute of limitations; otherwise, they are subject to dismissal. This was illustrated recently in a case in which a New York court dismissed a plaintiff’s medical malpractice claims. If you suffered harm during a routine procedure, you have the right to seek compensation, and you should speak to a Syracuse medical malpractice attorney to evaluate your potential claims.
The Facts of the Case
It is reported that the plaintiff was a resident of a state facility in April 2014 when he began to experience groin pain. He met with one of the physician’s assistants employed by the facility, who arranged for him to undergo a biopsy. He was transferred to a hospital for the biopsy, but he woke from his anesthesia in the middle of the procedure in extreme pain and reportedly heard the doctor state he had made a mistake.
It is alleged that the plaintiff then filed a lawsuit against the state facility and the doctor that performed his biopsy, alleging, among other things, medical malpractice claims. The defendant moved to dismiss the plaintiff’s complaint on the grounds it was barred by the statute of limitations.
Statute of Limitations in New York Medical Malpractice Claims
In New York, a negligent omission or act that is considered medical treatment or bears a significant relationship to the rendering of medical care constitutes malpractice. In other words, medical malpractice is merely a form of negligence.
New York law provides that the statute of limitations for medical malpractice claims is two and a half years from the date of the alleged omission or act that caused the plaintiff’s harm. There are circumstances that can toll the statute of limitations, however. For example, it may be extended under the continuous treatment doctrine, which dictates that the period does not begin to run until the date of the last treatment.
The court explained that a plaintiff invoking the continuous treatment doctrine must demonstrate a continuous course of care with a specific health care provider with respect to the issue that gave rise to the medical malpractice action. In the subject case, the court noted that the incident out of which the plaintiff’s medical malpractice claims arose occurred in April 2014 but he did not file his claim until April 2017. Further, he did not submit any evidence of continuous care. Thus, the court found that his medical malpractice claims were time-barred and dismissed them.
Meet with an Experienced Medical Malpractice Attorney Today
Even if a person has valid grounds for pursuing a medical malpractice claim, they may be denied the right to seek compensation if they fail to comply with the rules of procedure. If you were hurt by a negligently performed procedure, you should talk to an attorney regarding your options for seeking justice. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are proficient at helping people harmed by the incompetence of doctors seek redress for their losses, and if you hire us, we will work tirelessly on your behalf. You can contact us via our form online or by calling us at 833-200-2000 to set up a conference.