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Date of Discovery Rule: The Need For a Change

medical malpracticeEmpty modern hospital bed in a sunny room with a clean blue floor[/caption]New York is one of only a few states that does not have a “discovery rule.” This means that a medical malpractice victim only has 2.5 years from whenever the harm happened, or 15 months afterward in cases against municipally owned hospitals, to bring legal action against the wrongdoers. This is an unfortunate law that is depriving patients who have seriously been harmed of their legal rights.

What Is the Date of Discovery Rule?

The statute of limitations dictates when legal action can be brought in the event that a person is hurt or injured as a result of the negligence or reckless actions of another party. In malpractice cases in the state of New York, the statute of limitations often expires before victims find out about the medical mistake or that they have suffered an injury.

Under New York law, the statute of limitations starts to run from the date the medical negligence occurs, not from the date that you actually find out about your injury or damage. For example, if you had a mammogram that was misread 4 years ago and you find out about the misdiagnosis and resulting cancer only recently, you cannot bring legal action against the physician because it has been more than 2.5 years since the medical negligence occurred.

Only a handful of states imposes this rule. The majority of states impose a “discovery rule” that allows the statute of limitations to begin running from when the victim knew or reasonably should have known that they were injured. The New York courts have recognized the injustice of this rule. However, the courts are limited to applying the statute literally and depriving victims of the ability to seek justice.

Legal Protection For Medical Malpractice

When a physician provides substandard care that results in injuries or death, the patient should immediately seek the help of an attorney who specifically handles medical negligence.

At Gersowitz, Libo & Korek, P.C., our attorneys understand the ramifications of medical negligence on the patient and their family members. We fight to get our clients the full extent of monetary compensation they are entitled to for the injuries they have suffered.

Call Us

If you or a loved one was injured due to the negligent actions of a healthcare professional and would like to consult with an experienced New York medical malpractice attorneys, please call Gersowitz, Libo & Korek, P.C. at 1-800-529-9997.

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