Law Aims to Extend Window for Filing Malpractice Suits

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As things stand now in New York, you have 2 ½ years from the date of medical malpractice to file a suit for damages. Proposed legislation entitled Lavern’s Law is intended to change that to 2 ½ years from when you actually find out about the medical malpractice.

Lavern’s Law at a Glance

The proposed legislation is named for Lavern Wilkinson of Brooklyn. She died in 2013 from a curable form of lung cancer. Her doctors at Kings County Hospital misdiagnosed her condition. When she filed suit, the 2 ½ statute of limitations had expired.

Wilkinson left behind a 15-year-old autistic child who also suffers from cognitive disabilities and requires round-the-clock care.

New York is currently one of six (6) states without a law for date of discovery concerning medical malpractice.

While Lavern’s Law was passed by the NY General Assembly, it was dropped by the state senate last year. There is an ongoing push to revive the bill before this legislation session ends on June 16.

Woman with Uterine Cancer Falls Victim to Existing Limitations Law

Lissy McMahon, a single mother from Boston, came to Lenox Hill Hospital in New York to have a benign tumor removed from her uterus. Two years later, she was diagnosed with stage 4 uterine cancer.

When doctors examined the pathology report from her surgery at Lenox Hill, it was clear that the cancer had already developed in her system then – the Lenox Hill doctors never told her.

When she contacted a lawyer about filing a medical malpractice suit, she learned that the statute of limitations had expired just a few months before she even found out about her condition.

The Fitzgerald Law Firm Will Keep You Informed

We’ll keep our eyes on the status of Lavern’s Law and bring you the latest updates. We’ve been handling medical malpractice cases for more than 40 years and have recovered more than $1 billion on behalf of our clients.

If you’ve experienced medical malpractice or merely suspect that you have, do not hesitate to get in touch the Fitzgerald Law Firm at 800-323-9900 for a free consultation.