The Unfairness of New York’s Medical Malpractice Statute of Limitations
Posted by Matthew F. Belanger, Partner, Faraci LangeStatutes of Limitations are legally binding rules that establish time periods within which a lawsuit or claim must be filed. They are generally bright lines that once passed will forever bar even a clearly meritorious lawsuit. That said, there are certainly valid policy reasons for the imposition of time periods for the initiation of legal proceedings. The statute of limitations embodies the principles that the value of evidence diminishes over time and that parties to a dispute need closure, so fairness dictates that the person bringing the lawsuit act with speed and efficiency to preserve these principles.
Of course, fairness is a two way street: the time periods are generally crafted to give the party bringing the lawsuit sufficient time to learn they have been harmed. Indeed, in many States, the time periods do not begin to run until a person knows or reasonably should know that they have been injured. It is in this regard that the New York statute of limitations in medical malpractice cases is so unfair. More…
