Generally an injured party has 2 and one-half years in order to commence a suit against a doctor. However, this time has been extended for chiropractors, so the suit must be commenced within 3 years of the injury, as held by the Appellate Court, as reported by a New York Law Journal in a February 7, 2014 article.
A lady was injured in a car accident and she went to see a chiropractor following injuries she sustained to her back and neck. After this, she was sent to see an orthopedist doctor and there she found out that she had a â€œtumor in her spine, which require surgery.â€Â While she was being seen by the chiropractor, the chiropractor had taken a MRI but the patient claims that the doctor did not look at or evaluate the results from the MRI. Thus, the patient sued the chiropractor claiming that the chiropractor failed to take care of her by not finding the tumor.
The patient brought suit after the 2 Â½-year time period, which applies to those within the medical, dental, and pediatric field. The chiropractor wanted the case dismissed and argued that it was brought after the 2 Â½-year time period. The lower court agreed and the patient challenged the decision. But the appellate court held that the â€œchiropractic treatment was not medical treatment because it was not an integral part of the process of rendering medical treatment to a patient or substantially related to any medical treatment provided by a physician.” Thus, the case was dismissed.
Jayson Lutzky is a lawyer handling medical malpractice and accident cases. He offers free, confidential in person consultations. Mr. Lutzky has 30 years of experience practicing law in New York. If you have been seriously injured, home or hospital consultations are available. Call 718-514-6619 to set up an appointment. You may visit www.MyNewYorkCityLawyer.com for additional resources.