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In New York, a plaintiff must bring an ordinary medical malpractice case within 2 1/2 years from the date when the malpractice occurs.  The problem with this limitation is that a patient may not be aware that a doctor was negligent until after that time has expired.  As a result, a victim will have no remedy because the courthouse doors will be closed to him/her.

The most frequent instances where this patently unfair law rears its head is when a doctor misreads a test, such as a mammogram, PAP smear, or prostate test.  If the test shows evidence of cancer, a curable disease may become a symptom-free killer.  New York is one of five states (Arkansas, Idaho, Maine, and South Dakota) to have this archaic accrual rule.  A New York judge has even called this rule, “unjust, illogical, and cruel.”

Today, Buzin Law, P.C., spoke to a number of State Assemblymen and Senators in an effort to change this law.  To ensure that such injustices do not remain the law, contact your local legislators!

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