Medical Malpractice Lawyer Brooklyn

In Brooklyn, NY, the statute of limitation for filing a civil lawsuit in a medical malpractice case is two years and six months from when the malpractice occurred. However, with the Discovery Rule, the statute of limitations for a cause of action does not begin to run until the time that the injured party discovers or reasonably should have discovered the injury.
A foreign object that is negligently left inside the body, such as a surgical sponge or instrument, even if discovered after the Statute of Limitations has expired, can fall under the Discovery Rule. A malpractice lawsuit may be filed within one year of the date of discovery of the foreign object, or within one year of the date of discovery of facts that would reasonably lead to the discovery of the foreign object, whichever occurs earlier.