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As the perennial battle over healthcare tort reform continues, legislation has been introduced that would start the clock ticking on the statute of limitations when an alleged healthcare problem is discovered, rather than when it occurs.
Plaintiff attorneys say this is the only fair way to handle a malpractice claim, since many medical problems resulting from neglect only reveal themselves years after an error occurs - sometimes, after the statute of limitations based on when the alleged error occurred has expired.
To that end, several bills have been introduced in the New York State Legislature that would change the rules for filing and handling medical liability cases. But legislation co-sponsored by Assemblywoman Helene Weinstein, D-Brooklyn, and Sen. Thomas Libous, R- Binghamton has generated some particularly heated debates.
Healthcare providers argue that starting the clock at discovery creates an indefinite timeframe to bring claims, resulting in both medical uncertainty and increased liability for providers.
Currently in New York, personal injury actions can be brought up to three years after they occur,...