Articles

Beware of Short Time Limits for Military Malpractice Cases

August 9, 2016

Last summer, a bill that would have helped medical malpractice victims in New York have their day in court, passed the assembly with overwhelming support, was sponsored by a majority of the State Senate and was endorsed by the Governor, yet still never came up for a final vote.  Lavern’s Law was named after a Brooklyn woman who died when doctors failed to diagnose a suspicious mass on an x-ray three years earlier.

By the time the doctors realized their mistake it was too late-too late to cure Lavern and too late to sue the doctors.  New York has a two and a half year statute of limitations that runs from the date of the mistake, even if the patient,  like Lavern, does not discover the mistake until much later.  Although the Federal Tort Claims Act and Military Claims Act have a two years statutes of limitations, there is a provision allowing more time for discovery of a medical mistake and/or an injury.  In military cases, however, these short time deadlines apply even to children and still may be limited by shorter state law time limits (statute of repose).

In summary, time limits applicable ti military medical malpractice cases are complex and a trap for the unwary.  If you or a family member suffered medical malpractice at an Army, Navy or Air Force hospital, it is important to consult a lawyer as soon as possible so your rights may be protected.  You may reach us 24/7 at 1-877-695-8757, email us at LawHelp@militarymedicalmalpractice.com or by filling out the short form on this page.

Read more about the fate of Lavern’s Law at: http://www.nytimes.com/2015/08/31/opinion/when-bad-doctors-happen-to-good-patients

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