Children in our society are considered "precious assets" and are treated differently by the public at large. In medical malpractice cases in New York, however, children are treated like second class citizens. The influence of tort reform is clear in the laws that have been passed and in the decisions rendered by New York judges in applications filed by children for late notices of claim.
Statute of Limitations
Tort reform created new statutes of limitation for medical malpractice cases which disproportionately affect children. Due to the alleged medical malpractice crisis in the 70s the New York Legislature saw fit to change the statute of limitations in actions involving children. An infant who is a victim of malpractice is not afforded the usual tolling provisions until the age of majority that other causes of action provide. Rather, a child has a maximum of just 10 years from the date of the malpractice to bring suit. See CPLR 208. The legislative history for the 1975 amendment indicates that the law was part of a larger package of reforms in response to the diminished availability of health care services due to the lack of affordable medical malpractice insurance coverage.
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