Tomorrow I have an appointment to see Assemblyman Matthew Titone on behalf of the NYS Trial Lawyers Association. The purpose of the meeting is to discuss the importance of legislation that will be the subject of debate in the Assembly in the current session.
I will be discussing the Date of Discovery Bill which will permit persons whose injuries are misdiagnosed to have the ability to sue for 2 1/2 years following the reasonable date of discovery of the medical condition (versus 2 1/2 years from the date of the objective testing and examination of the patient by the doctor who committed the malpractice).
Also, I will continue to fight against the bill which would effectively eliminate Section 240 of the Labor Law by requiring workers who are injured from an elevated risk injury to prove that there was negligence on the part of the owner, general subcontractor, or other contractors on the site (other than their employer). It Is unfair to expect an injured worker to prove liability, especially since the GC and owner usually have easy access to the worksite, that evidence dissipate, witnesses disappear, etc.
I will report back after the meeting!