Defeat Date of Discovery Statute of Limitations

Opposing legislation (A.285-A, Weinstein/S.6596, DeFrancisco) which would revise Section 214-a of the civil practice law and rules, the statute of limitations for medical, dental and podiatric malpractice actions, to make it a “discovery” statute.  This measure would potentially lead to enormous increases in the cost of liability insurance for physicians and hospitals at a time when no increases can be tolerated due to the enormous changes occurring in health care delivery. Consequently, all physicians must advocate to defeat this bill.

The effect of this drastic proposal would be to materially alter the statute of limitations in every single medical malpractice case. The statute of limitations would not begin to run until the plaintiff discovered the alleged negligent act and could bring a lawsuit for up to 10 years. We are advised by the state’s leading medical liability insurance company that a Milliman actuarial study medical liability premiums would need to be increased by nearly 15%, perhaps even greater.  Any increase of this nature would prompt a very serious access-to-care problem throughout New York State. 

The following documents are provided to assist in your advocacy: 

We also refer you to the action alert at the MSSNY grassroots Action Center. The linked alert will allow you to contact your NYS legislators via email or fax.

We thank you for your anticipated advocacy on this issue, which we believe to be vitally important to our ultimate success in this campaign. If you have any questions or need more information, please call Liz Dears or Moe Auster at the Division of Governmental Affairs at (518)465-8085.