The shortest deadline can be just 90 days. That is the trap in New York malpractice claims against government-run hospitals.

If the hospital is part of NYC Health + Hospitals - such as Kings County Hospital, Coney Island Hospital, or Woodhull - you usually must serve a Notice of Claim within 90 days of the malpractice. After that, the usual deadline to file the lawsuit is 1 year and 90 days from the malpractice date.

That is much shorter than the deadline for a private New York hospital, where medical malpractice claims are generally due within 2 years and 6 months.

If the problem happened at a VA facility, the rules are different. A VA malpractice claim is usually handled under the Federal Tort Claims Act. You generally have 2 years to file an administrative claim with the U.S. Department of Veterans Affairs. If the VA denies it, you typically have 6 months from the denial to file suit in federal court.

For a Brooklyn patient sent home from the ER too early and later readmitted in worse condition, the key question is who runs the hospital:

• NYC Health + Hospitals: 90-day Notice of Claim, then 1 year and 90 days
• Private hospital: 2 years and 6 months
• VA hospital: 2-year administrative claim deadline

A late Notice of Claim request is sometimes possible in New York, but it is discretionary and not automatic.

If the case belongs in state court and the hospital is in Brooklyn, it is usually filed in Kings County Supreme Court, where medical malpractice cases are often assigned to a specialized part familiar with these claims. VA cases do not go there; they are filed in federal court instead.