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Statute of Limitations

Actions must be filed within 30 months of the date of the act or omission that caused the injury occurred. Actions based upon the presence of a foreign object within the body of a patient, the action must be filed within 1 year of the date that the foreign object was or should have been discovered

Comparative or contributory negligence

pure comparative negligence

Nature of accused's liability

Unless a defendant is more than 50% responsible for causing a plaintiff's injury, a defendant is liable for damages proportionate to the defendant's fault.

Law of contribution

joint defendants have a right to contribution

Expert testimony standards

New York does not impose special restrictions on expert witnesses

Limits on compensation

none

Limits on attorney fees

none

Collateral Source rule enforced

For medical malpractice cases the court makes a compulsory offset for collateral source payments

State and local health care providers immune from liabaility

The state of New York has waived its sovereign immunity

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability