N EW Y ORK S TATE T RIAL L AWYERS A SSOCIATION Protecting New Yorkers Since 1953
Too Wrong for Too Long “[This case] should be included as a class of cases subject to the discovery rule.... It is the function of the legislature to right [the] unjust, illogical, and cruel result of the effects.” Helgans v. Plurad, Supreme Court, Suffolk County, October 22, 1997 (Justice Seidell)
New York’s statute of limitations governing medical malpractice is one of the most unjust in the country: 2½ years from the date of the negligent act. Only a handful of states have a shorter time period in which a victim of medical negligence is allowed to bring a claim against the negligent practitioner. Under current law, the victims of a misread test—such as a mammogram, PAP smear or prostate test—or a botched surgical procedure often face fatal consequences. Uncaught or misdiagnosed, a curable disease becomes a symptomfree killer. Treatment is foregone. When the symptoms do appear, the disease may be so advanced that treatment is futile. The law, however, says no one can be held responsible and victims lose their access to justice. Only a handful of states (AR, ID, ME, SD) are like New York — lacking some rule that says that the clock starts running when the wrongful action is discovered, either specifically to medical negligence or generally to all cases. It’s been 11 years since Justice Seidell called New York’s backwards statute-of-limitations rule “unjust, illogical, and cruel.” Please support the Date of Discovery Law (S.1729/A. 4627).
It’s Time for a Change. A message from the New York State Trial Lawyers Association Nicholas Papain, President 132 Nassau Street New York, NY 10038 Tel: 212-349-5890 www.nystla.org
© 2009 NYSTLA