The statute of limitations is two years and six months from the injury (for foreign object, the action may be filed within one year of reasonable discovery). For awards in excess of $500,000 for future pain and suffering, the court determines the greater of 35% of such damages or $500,000 and awards that amount in lump sum, with the balance being paid in periodic payments over period time determined by the court or for eight years, whichever is less. Where defendant concedes liability, the defendant may demand that the claimant elect whether to consent to arbitration of damages.
Medical Malpractice Laws: New York | Medical Malpractice Lawyers
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