Still watching on Lavern’s Law, and there is no new information to pass along. This bill was passed in the New York State Assembly and the New York State Senate, both of which are known as the Legislature, on June 21, 2017 by a vote of 56 to 6 with one absent. The bill, known as Assembly Bill A8516, was sponsored by Weinstein to amend CPLR sections 203 and 214-a which govern the accrual of a claim and the statute of limitations to commence a medical malpractice action.
Since it has passed, the bill has NOT moved an inch from June 21, 2017 until present. Generally after the Legislature has signed off on a bill, it must be composed together into a package to be presented to the Governor for signature. As of right now, the NYS Senate website has that the bill has not gone any further or been delivered to Governor Cuomo to sign. Here is a link to monitor the progress.
This section of law provides an alternative period to the statute of limitations for victims of New York medical malpractice who have been injured or killed due to the medical negligence of a doctor failing to diagnose a malignant and cancerous tumor. The period will give victims a right to commence an action when he or she would not. This is important because most malpractice involving a wrong diagnosis of a tumor is usually beyond the statute of limitations when it is discovered. Patients now had a right that they didn’t have originally.
Where this is important to be signed NOW is that victims are literally losing their rights every single day that it is not signed. For instance, right now today someone who may have a claim under Lavern’s Law, the name for this law, will have lost his or her claim because the bill was not sent to the Governor or signed by Cuomo. It needs to go to him for signature now!
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 [email protected] 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.