We support Assembly Bill A8516 New York State Senate: Please extend SOL for MED MAL CASES!
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This is a very important time for cases regarding New York medical negligence. Currently in New York, medical malpractice claims must be filed within 2 ½ years from the date of the alleged negligent action or omission that caused the patient's injury. For many victims of medical malpractice, we suffer begging for help and seeking second, third and fourth opinions for a long time before we receive any answers or help and do not have our answers until after that 2 ½ years has expired. This Bill will extend the statute of limitations.
Please sign this petition so we can show our support to Governor Andrew Cuomo. Since this Bill has already been passed by the Senate and the Assembly, it will be delivered to Governor Cuomo very shortly, within weeks. NOW is the time!
Assembly Bill A8516
This Act will amend the civil practice laws and rules, in relation to accrual of causes of action for medical, dental and podiatric malpractice.
Here is the proposed act:
THE PERIOD IN WHICH TO COMMENCE AN ACTION OR PROCEEDING OR TO FILE SUCH NOTICE OF CLAIM FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE SHALL NOT BEGIN TO RUN UNTIL THE LATER OF EITHER: (A) WHEN ONE KNOWS OR REASONABLY SHOULD HAVE KNOWN OF THE NEGLIGENT FAILURE TO DIAGNOSE CANCER OR A MALIGNANT TUMOR WHETHER BY ACT OR OMISSION AND KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT SUCH NEGLIGENT ACT OR OMISSION HAS CAUSED THE INJURY; OR (B) THE DATE OF THE LAST TREATMENT WHERE THERE IS CONTINUOUS TREATMENT FOR THE SAME ILLNESS, INJURY OR CONDITION WHICH GAVE RISE TO THE ACCRUAL OF AN ACTION. HOWEVER, SUCH ACTION SHALL COMMENCE NO LATER THAN SEVEN YEARS FROM THE ACT, OMISSION OR FAILURE COMPLAINED OF OR LAST TREATMENT WHERE THERE IS CONTINUOUS TREATMENT FOR THE SAME ILLNESS, INJURY OR CONDITION WHICH GAVE RISE TO THE ACT, OMISSION OR FAILURE;...
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