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Governor Cuomo Pushes Legislature to Amend Lavern’s Law so he Can Sign it

Laws

Despite passing both houses of the New York State Legislature last summer, Lavern’s Law was not delivered to the Governor until the very end of 2017 in December in a large bundle of other bills not yet delivered. Governor Cuomo went through each of the other bills in early January, leaving only one bill not signed or vetoed. That was Lavern’s Law, a law which he has initially supported for years when it has failed to get through both houses. Now that it is in front of him, Governor Cuomo did not make any comments relating to Lavern’s Law.

The word on the street was that it looked bleak for Lavern’s Law, and it was likely to die on his desk through a pocket veto.

But that is until now. News sources and news articles are reporting that Governor Cuomo has reached deal with the Legislature for him to sign the bill. He has extended the amount of time that cancer patients may be able to commence a medical malpractice lawsuit. Presently the statute of limitations, or time limit to sue, is two and a half (2 1/2) years from the date of the negligent act or omission (the misdiagnosis). Now, Lavern’s Law would allow for the 2 1/2 years to begin running when the patient knew or should have known about the medical provider’s negligence.

This is BETTER for victims of cancer misdiagnosis because the bill originally only allowed for 15 months following the misdiagnosis. The Governor got victims DOUBLE the time in the original bill, from 15 months to 30 months.

The agreement also created a seven year look-back period. This means that cancer misdiagnosis cases will be permissible up to seven years after the cancer is missed or misdiagnosed. Thus, cases or than 7 years may still be barred by the statute of limitations period.

This is a magnificent result for the people of New York and victims of medical malpractice. While the Governor had us all quite scared, it looks like it was all for good reason.

What do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.