On January 31, 2018, New York State Governor Andrew M. Cuomo signed into law Senate Bill S 7588-A, which amended the statute of limitations for medical, dental and podiatric malpractice cases where there is an alleged failure to diagnose cancer or a malignant tumor. The Bill was introduced to the New York State Senate on January 26, 2018, by Senator John A DeFrancisco, and it passed the Senate and Assembly on January 30, 2018. It was delivered to Governor Cuomo on January 31, 2018, when he signed the Bill and enacted it into law.

The amended statute of limitations now includes a “discovery of injury rule,” which allows the current two and a half year statute of limitations to run from the date an injured patient discovers, or should have discovered, that his or her injury was caused by malpractice. Previously, the two and a half year statute of limitations began to run from the date of the alleged negligent act or omission or from the date of a patient's last treatment where there was continuous treatment.

Senate Bill S 7588-A became effective immediately on January 31, 2018. The Bill also revived any actions for medical malpractice based on a failure to diagnose cancer or a malignant tumor that expired within the last ten months. These actions may be refiled within the next six months.

The amended statute of limitations provides a whole new area of uncertainty for medical professionals who diagnose and treat cancer and cancer-related conditions. For example, medical providers can now be potentially held liable for treatments they provided to patients who subsequently develop cancer or a malignant tumor years after treatment was rendered. The amended statute of limitations has effectively extended the statute of limitations for allegations involving cancer and malignant tumors for up to seven years after the alleged act or omission, or the date of last treatment in cases involving continuous care.

Considering the expansive impact of this amendment, it is anticipated that we will see an increase in medical malpractice cases that are filed alleging a failure to diagnose cancer or treat a malignant tumor.