The statute of limitations in New York for medical malpractice is two and one-half years from the date of injury. The New York medical malpractice statute may be extended in cases where there is continuous treatment by the doctor who committed the malpractice, or when the medical provider has left a foreign object in your body.
In Maryland, to overrsimplify at bit, he medical malpractice statute limitations is three years which, in some case can be extended to five if the Plaintiff could not have known of the connection of the injuries and the malpractice. Arguably, Maryland medical malpractice law imposes a statute of repose which means that five years is an absolutely cutoff.
Geri Barish, the president of 1 in 9: The Long Island Breast Cancer Coalition, said she supports a bill in the New York legislature extending the amount of time one could file a lawsuit from 2.5 years after a medical malpractice mistake is made to 2.5 years after the link between the malpractice and the injury is discovered.
Obviously, this rule is supported by Maryland malpractice lawyers in Maryland as well for a simple reason: it creates less frequently results that offend everyday notions of justice. It you can never bring a malpractice lawsuit because you just didn't know your doctor's careless caused your injury, that is just not fair.