Lawmakers in New York State are currently considering a piece of legislation that would significantly alter the statute of limitations for victims of medical malpractice.
Currently, patients are required to bring medical malpractice claims within 2 1/2 years of the date that the alleged medical malpractice occurred. This new bill would dramatically increase the statute of limitations, beginning the time frame when the patient first suspects that he or she may have suffered harm as a result of medical negligence and allowing patients to file a lawsuit within 10 years of the initial medical malpractice event.
As of today, New York has one of the shortest statutes of limitations in the nation, with many states across the country that allow for between 1 and 3 years from moment that a patient identifies an injury that may have resulted from medical malpractice. Other states have extended the statute of limitations to 5 years from the original incident. New Jersey’s statute of limitations for medical malpractice claims is similarly curtailed, providing patients with only 2 years from the medical malpractice event or from the date at which the patient should reasonably have discovered that he or she suffered harm.
Those who have come out against the new legislation, including the The Medical Society of the State of New York, argue that this change would catastrophically increase the cost of medical malpractice insurance and healthcare as a whole. Conversely, those who have come out in the bill’s favor argue that with some of the most serious medical conditions, such as cancer, the repercussions of a misdiagnosis, delay, or failure to treat may not manifest for years after the initial incident of medical negligence.
Similarly, in cases involving pediatric malpractice, parents may not suspect or identify a health complication until the child has grown and developed over several years. At Fronzuto Law Group, our medical malpractice attorneys have particular knowledge and experience within the realm of pediatric malpractice. In fact, our firm’s founder consults on complex pediatric malpractice cases, including those involving craniosynostosis, plagiocephaly, and other cranial deformations, across the nation, in addition to representing patients and their families in New Jersey and New York.
If you or someone you love has suffered harm as a result of medical malpractice in New York or New Jersey, contact our offices at 973-435-4551 or 888-973-3045 today for a cost-free consultation.
