[Fredslist] Promo: NYS Physicians in Need of Gotham's Support re:
impendi...
absandpe at aol.com
absandpe at aol.com
Fri Feb 13 13:04:10 EST 2009
Dear Gothamites:
There are two sides to that coin. As an attorney advocating for patient's,
be aware that most other states DO have a discovery statute. Discovery
statutes do not eliminate the statute of limitations. Most states in the country
extend the statute to a point in time where a patient knows or should have
known that malpractice was committed. Even the Federal Tort Claims Act DOES
have a discovery statute. The state of the law in NY currently offers no
redress to a patient who does not find out about malpractice in the situation where
the 2 and a half years has expired.
I personally have had to tell clients faced with a death sentence that they
could not sue a doctor because the two and a half years had expired. How do
you explain that to someone dying of lung cancer that does not find out that
an xray misread a short two years six months and one day ago is outside the
statute?
Before voting against something please look into the ramifications on
patient's rights as opposed to insurance companies' bottom line.
Wishing you all a happy and healthy holiday weekend.
Sincerely,
Annamarie Bondi-Stoddard, Esq.
Pegalis & Erickson, LLC
Attorneys At Law
Representing Plaintiffs in Medical Malpractice Actions
1 Hollow Lane
Suite 107
Lake Success, NY 11042
516-684-2900
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