In New York, medical malpractice actions are subject to statutes of limitations. In other words, if an injured party fails to pursue claims against the healthcare provider that caused their harm within the time dictated under the applicable statute, their claims may be time-barred. While the courts generally uphold the statute of limitations, there are circumstances in which it can be tolled. For example, it does not begin to run until the plaintiff learns of the cause of their harm, as discussed in a recent ruling issued in a New York medical malpractice matter. If you sustained losses due to medical oversights, it is smart to meet with a Syracuse medical malpractice attorney as soon as possible.
The Plaintiff’s Harm
Reportedly, the plaintiff underwent a CT scan of her pelvis and abdomen in May 2014. The defendant radiologist reviewed the test results and observed nodular densities in the lower lobe of the plaintiff’s right lung. The defendant issued a report recommending a follow-up scan, but no scan was conducted. Further, the defendant did not inform the plaintiff of the need for a follow-up or that she most likely had lung cancer and did not advise the plaintiff that the nodules were present.
It is alleged that the plaintiff did not learn of the nodules until October 2019, when she underwent a CT scan at another hospital. In March 2020, she commenced a medical malpractice lawsuit against the defendant. The defendant then asked the court to dismiss the plaintiff’s claims as time-barred. The court denied the motion, and the defendant appealed.
Tolling of the Statute of Limitations
On appeal, the appellate court reversed the trial court ruling. The appellate court explained that a medical malpractice claim generally accrues on the date of the allegedly harmful act. Lavern’s Law, which became effective in January 2018, provides that in certain cases, the statute of limitations can be tolled, however. Specifically, an action based on the negligent failure to diagnose cancer may be commenced within two years and six months of when the plaintiff knows or reasonably should know of the act or omission that caused their harm.
The appellate court explained, however, that Lavern’s Law only applied retroactively to claims that accrued on or after July 31, 2015. As the plaintiff’s claim accrued in May 2014, Lavern’s Law did not apply, and the statute of limitations was not tolled. Thus, the appellate court reversed the trial court ruling.
Consult an Experienced Syracuse Medical Malpractice Lawyer
People harmed by inadequate medical care may be able to pursue medical malpractice claims against the parties responsible for their harm, but they must act promptly, otherwise, they may waive their right to recover damages. If you suffered harm due to a doctor’s incompetence, it is advisable to consult an attorney to discuss your possible claims. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are proficient at crafting persuasive arguments in favor of the imposition of liability, and if you hire us, we will work tirelessly on your behalf. You can reach us via our online form or by calling us at 833-200-2000 to set up a conference.