Gov. Andrew Cuomo and the New York State Legislature have finally reached a deal on medical malpractice lawsuits relating to cancer diagnosis. Under the new law, cancer patients will be able to sue doctors and other medical professionals for a wrongful diagnosis or missed diagnosis of cancer for up to two-and-a-half years from the date the patient discovered, or should have discovered, the misdiagnosis.
There will, however, still be a limit on when these medical malpractice claims can be filed. Regardless of when the patient discovered or should have discovered the wrongful cancer diagnosis, the injured cancer patient will not be able to file a lawsuit once seven full years have passed after the doctor or other medical professional’s wrongful act. The new medical malpractice law will also be limited in two unique ways. First, it will only apply to a wrongful diagnosis of cancer or a missed diagnosis of cancer, other illnesses were not included in the final version of the bill. Second, while the law will apply retroactively in a severely limited manner – wrongly injured patients whose statute of limitations ran out in the previous ten months will only have six months to file a medical malpractice lawsuit in a New York Supreme Court. Continue reading