Lavern’s Law Is Safe Tomorrow On Day 30–Probably.


The New York State Legislature, the House and the Senate, passed Lavern’s Law last month.  This law is great to protect the rights of victims of medical malpractice!  With all of the tort reform and medical malpractice caps trying to harm the rights of victims, Lavern’s Law is a bright spot that gives victims back some rights that they have lost.

This law allows for an alternative time period for the statute of limitations to begin running giving victims of cancer misdiagnosis cases more rights in court.  For instance, the 2 and a 1/2 years statute of limitations begins to run when the patient discovers the misdiagnosis and not when the medical malpractice occurred.  This allows for a LONGER time period than normal medical malpractice cases, which is just 2 and 1/2 years from the date of the incident.Once the Legislature passes a bill, it goes to the Governor for signing.  If in session, the Governor only has 10 days to sign it into law or veto it.  If the Governor does neither, the bill becomes law anyway.  BUT if they are out of session, like they are now, the Governor has 30 days to sign the bill or it is automatically VETOED!

Lavern’s Law was passed on June 21, 2017.  Tomorrow is July 21, 2017.

But Governor Cuomo hasn’t signed the law yet.  Does that mean if the bill is not signed tomorrow, that it will be vetoed?

Normally yes, but it does not appear that the bill has been delivered to Governor Cuomo’s desk yet.  Indeed, a bill most be passed by the Legislature and THEN delivered to the Governor.  That is when the 10 or 30 days will begin to run.  Since the NY Legislature’s website does not say it was delivered yet, I don’t believe Lavern’s Law will automatically be vetoed tomorrow.

Nonetheless, what are we waiting for?!

People are having their rights violated by doctors as we speak.  This law needs to be signed to allow greater rights now.