Medical professionals are getting away with murder! How? By a New York law that says victims of medical malpractice have only two and a half years to sue the doctor/hospital or other medical professional who negligently injured them, and only two years to sue for wrongful death (CPLR 214-a), REGARDLESS OF WHEN THE VICTIM FOUND OUT THAT THERE WAS A MEDICAL ERROR OR THAT THEY WERE INJURED BY IT.
Here’s an example of the cruel workings of this rule: Patient gets a lung or breast ex-ray or mammogram. Radiologist says it looks good. Three years later patient is diagnosed with stage-four lung or breast cancer. The new doctors look back at that ex-ray taken three years earlier, which clearly shows the cancer. The radiologist three years ago clearly overlooked it. If the cancer had been timely diagnosed, full recovery was likely. Now it is too late – the patient is dying.
Can this unfortunate patient or her family sue the careless radiologist? NO! Not in New York. That’s because the two-and-a-half year statute of limitations runs from the date of the malpractice, not from the date when the patient discovers the malpractice.