In New York, a plaintiff must bring an ordinary medical malpractice case within 2 1/2 years from the date when the malpractice occurs. The problem with this limitation is that a patient may not be aware that a doctor was negligent until after that time has expired. As a result, a victim will have no remedy because the courthouse doors will be closed to him/her.
The most frequent instances where this patently unfair law rears its head is when a doctor misreads a test, such as a mammogram, PAP smear, or prostate test. If the test shows evidence of cancer, a curable disease may become a symptom-free killer. New York is one of five states (Arkansas, Idaho, Maine, and South Dakota) to have this archaic accrual rule. A New York judge has even called this rule, “unjust, illogical, and cruel.”
Today, Buzin Law, P.C., spoke to a number of State Assemblymen and Senators in an effort to change this law. To ensure that such injustices do not remain the law, contact your local legislators!