Column: CPLR and special cases of medical malpractice

The cost of health of care in the United States is staggering: In 2016, $3.3 trillion was spent on health care, representing 17.9 percent of Gross Domestic Product or $10,348 per capita. When we as a society spend such a significant sum on medical care, it seems fair to provide for a tort recovery when there has been a medical error. Is there any point to a mammogram if it is not read correctly? This article looks at recent changes to the CPLR, and two recent decisions from the Court of Appeals,…