Personal Injury
Medical Malpractice
Not every bad outcome is malpractice. A claim needs two things: a provider who fell below the accepted standard of care, and an injury that the error caused. Most states will not let the case move forward without a medical expert backing it up. Here is how the rules work in each state we cover, and the deadlines that can run out while you are still getting treated.
4States Covered
Articles
What the Rules Actually Cost You
How long you have, and what it takes to file
New York
CPLR 214-a · CPLR 3012-a
30 monthsfrom the error or the end of continuous treatment
1year from discoveryForeign object
left in your body
OR
left in your body
7year outer limitMissed cancer, under
Lavern’s Law
Lavern’s Law
Public hospital90-day notice of claim, then 1 year and 90 days to sue
MeritYour lawyer must certify consulting a physician who believes the case has merit
ChildrenBeing a minor pauses the clock, but never for more than 10 years total
New York puts no cap on malpractice damages, economic or pain and suffering
Connecticut
Conn. Gen. Stat. § 52-584 · § 52-190a
2 yearsfrom when the injury is discovered
3year outer limitFrom the act itself,
discovered or not
PLUS
discovered or not
90day extensionAutomatic, if you petition
before the deadline
before the deadline
Opinion letterSuit must include a written opinion from a similar provider that there was negligence
TreatmentOngoing treatment for the same condition can delay the 3-year outer limit
Fault ruleModified comparative. 51 percent at fault and you recover nothing
A defective opinion letter gets the case dismissed, so the author must be a similar provider
New Jersey
N.J.S.A. 2A:14-2 · 2A:53A-27
2 yearsfrom the error or when you discovered it
60daysAffidavit of merit after
the answer is filed
PLUS
the answer is filed
$250kcharity capLimit against a
nonprofit hospital
nonprofit hospital
ChildrenBirth injuries by the 13th birthday. Other injuries within 2 years after turning 18
Public hospitalA 90-day Tort Claims Act notice applies when a public hospital is involved
Fault ruleModified comparative. 51 percent at fault and you recover nothing
The $250,000 cap protects the nonprofit hospital, not the doctors who treated you
Florida
Fla. Stat. § 95.11(4)(b) · § 766.106
2 yearsfrom the incident or when you discovered it
90day presuit periodNotice of intent pauses
the clock before suit
PLUS
the clock before suit
4year outer limit7 years if the error
was concealed
was concealed
ExpertThe notice of intent must include a corroborating affidavit from a medical expert
ChildrenThe outer limit cannot cut off a child’s claim before the eighth birthday
Fault ruleStill pure comparative. The 2023 fault reform exempted medical negligence
Adult children 25 and older still cannot recover pain and suffering for a parent’s malpractice death
Latest on Medical Malpractice
New medical malpractice articles are on the way.
Where Were You Treated?
Missed cancer diagnosis in New YorkNY · Lavern’s Law and the 7-year limit
Running out of time in ConnecticutCT · The automatic 90-day extension
Injured at birth in New JerseyNJ · The 13th birthday deadline
Lost a parent to malpractice in FloridaFL · The adult child exclusion
Deadlines That End Cases
New York lawsuit30 months
Connecticut lawsuit2 years
New Jersey lawsuit2 years
Florida lawsuit2 years
NY foreign object1 year
NY public hospital notice90 days
NJ affidavit of merit60 days
Wrongful death claims run on their own clocks, usually 2 years from the date of death. Ask early.
Before You Call a Lawyer
Request your complete records, including nursing notes and imaging
Write a timeline of every visit, provider, symptom, and what you were told
List every provider involved, including the hospital and practice group
Keep bills, prescriptions, and discharge papers
Get a second opinion on your current condition
Do not post about your care or your case on social media
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