Learning that you have cancer is horrifying enough. Finding out that your diagnosis was missed and that your chances for survival are diminished because of medical negligence makes that news even more devastating. Being barred from pursuing a claim because you did not even know your condition was misdiagnosed until after the statute of limitations expired adds insult to injury.
Unfortunately that happens all too frequently in New York, one of only six states that does not have a date of discovery rule for cases involving delayed diagnosis or misdiagnosis.
Currently under New York law, the statute of limitations for victims of medical malpractice is two and a half years from the date the mistake is made, not from the date it is discovered. Read More→