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New York Medical Malpractice Statute of Limitations

Published June 11, 2009 by Scott Gottlieb, Injury Law Attorney

Angela was diagnosed with Stage 3 breast cancer three years after being told the mass in her breast was nothing to worry about. June was never told about the lump on her mammogram and three years later, cancer had spread to her arm, spine, and hips.

Both women died but neither family could sue for malpractice because the statute of limitations had expired after two and a half years. The families had no time to file a medical malpractice suit because they were dealing with treatment.

According to the Albany Times Union, New York is one of six states that measure the deadline for suing from the date of a physician’s alleged mistake, instead of from the date the patient discovers it.

A proposed bill in the New York legislature would give victims whose time limit has expired an additional year to file suit and, going forward, would give the families two and a half years from the date of discovery to file suit.

The Medical Society of New York opposes the bill.

Scott C. Gottlieb, Injury Law Attorney, has vast experience dealing with medical malpractice cases. If you feel that you or a loved one has suffered due to medical malpractice, call our firm at 800-825-5529 or visit our Web site. There is no case-review cost.

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