Lavern’s Law And The Medical Malpractice Statute Of Limitations

Yesterday I wrote that the New York State Senate has passed Lavern’s Law. Thereafter, according to the new sources, the New York State Assembly ALSO passed Lavern’s Law. This means that the law will go to the Governor’s desk where will have to sign it to enact it into law.

Lavern’s Law is a very important because it extends the statute of limitations in cancer misdiagnosis cases to the date that the medical malpractice was discovered. New York is one of six states that does not have a discovery rule.

This case stems from the case of Lavern Wilkinson of Brooklyn. She died in 2013 from lung cancer after her medical team and doctors failed toe tell her that a chest x-rays taken in 2010 revealed a mass in her lung. The medical providers did not tell her anything about it. They did not perform any other tests or evaluations. Rather, the cancer was left to linger in her body. And it ended up taking her life due to the cancer that was left to fester.

She did not learn about this until three years after the mistake. Because the New York statute of limitations is only two and a half years from the date of the alleged act or omission. Here that was the misdiagnosis of the lung mass. She could not commence a lawsuit, and her family is serious aggrieved and without any recourse.

With this new law, victims would be able to commence a lawsuit from the date of discovery of the medical malpractice. This would allow Lavern’s family to commence a lawsuit when they discovered the medical malpractice. Victims have an opportunity to litigate their cases and have their day in Court.