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Thomas A. Moore and Matthew Gaier

This column has long decried the gross injustice inherent in the New York statute of limitations for medical malpractice actions insofar as it permits them to sometimes be rendered untimely even before the putative plaintiffs knew they had been injured. This legal anomaly existed because this state was one of only a handful of jurisdictions in the country to not apply a discovery rule in medical malpractice actions—a rule that generally permits the period of limitations to commence to run when the patient knew, or reasonably should have known, of the injury and its cause.

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