Statute of limitation

[Maribella]

Jurisdiction

New York

My father and I were driving down to NYC when he revealed to me how his mother (my grandmother) passed away. My grandmother was diagnosed with lupus and because of that she was in and out of the hospital regularly. He told me that when she was in a NYC hospital she passed away because she drowned in her own saliva. His sister was just recently diagnosed with leukemia and has been in and out in the same hospital his mother passed in and it is bringing up traumatic memories. With that being said I am curious if he is able to do anything about this. Mind you this happened around 1988 and was young so didn't know the law to much. I understand that this might not be the easiest situation given how long ago it was but with his sister now going in and out of the same hospital it has become really hard for him. PLEASE HELP. Is there anything he can do?

 

[adjusterjack]

Is there anything he can do?

No. Not about his mother.

But he can certainly monitor his sister's treatment and watch what the doctor's are doing with her.

 

[ElleMD]

I understand it can be upsetting to visit the place where a parent died 28 years ago, but this is does not leave one with legal recourse. Unfortunately, not everyone who enters a hospital walks back out. It is impossible to say whether any malpractice occurred nearly 30 years ago, but it is well past the statute of limitations to bring any kind of claim. I would strongly suggest your father seek counseling as having a child with a serious health condition is emotionally difficult. The hospital where she is treating almost assuredly has support groups for family members and counseling available. NYC also has a variety of mental health resources if he prefers assistance somewhere other than that particular facility. Start here Mental Health & Counseling | NOW-NYC Service Fund | Get Help

 

[maribella]

I understand it can be upsetting to visit the place where a parent died 28 years ago, but this is does not leave one with legal recourse. Unfortunately, not everyone who enters a hospital walks back out. It is impossible to say whether any malpractice occurred nearly 30 years ago, but it is well past the statute of limitations to bring any kind of claim. I would strongly suggest your father seek counseling as having a child with a serious health condition is emotionally difficult. The hospital where she is treating almost assuredly has support groups for family members and counseling available. NYC also has a variety of mental health resources if he prefers assistance somewhere other than that particular facility. Start here Mental Health & Counseling | NOW-NYC Service Fund | Get Help

I heard from my business law teacher that if one is underage that they can possibly do something about it, is that true?

 

[KatDini]

I heard from my business law teacher that if one is underage that they can possibly do something about it, is that true?

Not in this situation.

 

[ElleMD]

If you, as a minor, had been injured, the statute of limitations could be tolled until you reached 18. Minors can not bring lawsuits themselves and the law recognizes that their parent/guardian might not bring one on their behalf. At this point, you are well beyond that and you would not have been able to bring a claim based on your grandparent, in any case.