Lavern’s Law: If the Governor Signs the Legislation Could Help a lot Victims of Cancer Misdiagnosis

What is Lavern’s Law in New York

What is Lavern’s Law is an important  question all New Yorkers should be asking and know about.  Lavern’s Law is legislation that is meant to help victims of medical malpractice.  The bill passed both the New York State Senate and Assembly with bi-partisan support.  The Governor has also indicated that he would sign the bill, making it law.

The bill is named for Lavern Wilkinson who was a 41 year old Brooklyn woman and mother of a 15 year old autistic and developmentally disabled child.  She died in 2013 of a curable form of lung cancer after doctors misdiagnosed her.  Unfortunately by the time she filed a lawsuit the statute of limitation to file a lawsuit had already expired.

Should the Governor sign the bill it will establish the date for the accrual of a cause of action for medical malpractice involving the misdiagnosis of cancer by having the statute of limitations window begin when the patient discovers the injury, not when the error occurred as is provided for under present law.

Furthermore, the bill also states that a malpractice action cannot be filed if the date of the alleged malpractice occurred more than seven years prior.  Within that seven year period patients will have one year to file a claim from the date the injury was discovered.  Under current law, the applicable statute of limitations would often expire before the victim of medical negligence knew or should have known the injury and the negligence that caused it occurred.

New York is just one of six states that do not have a date of discovery law for the statute of limitations.  Lavern’s Law would change this.  Should the Governor sign it into law, victims of cancer misdiagnosis will be able to toll the statute of limitation until the injury is or should have been discovered.

If someone you know asks you What is Lavern’s Law, send them here to learn more!  But 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.