Albany Times Union: Deciding When Statute of Limitations Begins …

Bill would have detrimental impact on access to care…

Op-Ed from LRANY’s Adam Morey

“Gov. Andrew Cuomo will soon decide whether to sign or veto a bill that would change the point at which the statute of limitations for medical liability claims starts to run. Currently, the period in which a lawsuit can be filed begins at the time of the alleged malpractice. The proposal awaiting executive action would instead start the clock on the date that the patient discovers the issue.

Advocates for the trial lawyers branded the bill as “Lavern’s Law” after a woman who was misdiagnosed in a New York City public hospital and was unable to file a lawsuit due to the passage of time. The legislative solution there should have been simple: extend the statute of limitations for public health-care providers to match the existing rule for private ones.”

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