What is the time limit to file a claim against a home health agency in NY state.?

November 27, 2018

Question

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.

Answer

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.

Online answers to questions do not create an attorney-client relationship. There is no attorney-client relationship without a signed retainer agreement.

See All Questions & Answers