X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

This premium content is locked for
New York Law Journal subscribers only.

  • Subscribe now to enjoy unlimited access to New York Law Journal content,
  • 5 free articles* across the ALM Network every 30 days,
  • Exclusive access to other free ALM publications
  • And exclusive discounts on ALM events and publications.

*May exclude premium content
Already have an account?
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to groupsales@alm.com to learn more.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.