Assembly Passes Med Mal Statute of Limitations Bill, But its Fate Remains Unclear

Currently malpractice claims must be filed within 2 1/2 years of when an act, omission or improper treatment occurred. The newly proposed Bill (A285/S911) would allow the statute of limitations to begin within 2 1/2 years of when a person discovers that an actionable injury occurred. Assembly members approved the measure 99-23. The bill is designed to correct inequities such as those experienced by Lavern Wilkinson of Brooklyn, who died at age 41 in 2013 from lung cancer, her family says was missed during a 2010 examination. When the cancer was diagnosed, in 2012, it was too late to bring a malpractice suit. The measure is sponsored in the Senate by Thomas Libous, R-Binghamton, and has the support of 33 co-sponsors in the Senate.

By Jason T. Katz
Partner
jtkatz@lewisjohs.com