What is the time limit to file a claim against a home health agency in NY state.?
November 27, 2018
Patient developed a wound after being under the care of home health aides, from a agency less than 30 days of becoming a client in August 2017. The wound still hasn't healed as of November 2018. Is it too late to file a personal injury claim on behalf of patient.
If the wound is a bed sore - caused by the home health aide's failure to turn the patient, despite specific directives to do so - the statute of limitations is 2 1/2 years from when the malpractice occurred. Presumably the patient was also seen by their physician during this time - why was the situation not addressed? To help in assessing the case, get a copy of the patient's medical records, and make sure you have photographs (or better yet video) of the wound, because every element of the case will have to be proven.
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