Bill Amending Medical Negligence Statute Pending Governor's Signature

PORT WASHINGTON, N.Y., June 27, 2017 /PRNewswire/ -- Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by medical malpractice, is commenting on Senate Bill S4080 entitled "An Act To Amend The Civil Practice Law And Rules, In Relation To Accrual Of Causes Of Action For Medical, Dental And Podiatric Malpractice." The Bill to help victims of medical malpractice is popularly known as Lavern's Law and seeks to start the Statute of Limitations window to bring medical malpractice cases when the patient discovers an undiagnosed cancer or other malignant tumors, not when the medical error occurred, which is how these types of cases are handled under current law. The Bill has passed the New York Senate and the Assembly. New York Governor Cuomo has indicated that he will sign the Bill into law. According to a New York Senate report dated June 21, 2017, the Bill establishes the date for the accrual of causes of action based on negligence for medical, dental, or podiatric malpractice. (https://www.nysenate.gov/legislation/bills/2017/S4080)  

The Bill's purpose is to "amend the statute of limitations for medical, dental, or podiatric malpractice to include a discovery of injury rule, allowing the current two and half year statute of limitations to run from the date an injured patient discovers, or should have discovered, that" his or her "injury was caused by malpractice." The Bill notes that a malpractice action may not be filed "more than seven years after the date of the alleged malpractice." Concerning the effective date, patients have one year in which to file a claim for medical malpractice, during and up to the seven-year period: Prior to the effective date, applicable periods of limitations that have expired before the injured plaintiff/claimant or his/her estate representative knew or should have known of the injury, and the negligent conduct causing the injury, according to NYSenate.gov.

The Bill passed the Assembly by a vote of 105-to-23 on June 22, 2017, showing strong bi-partisan support. New York is one of just six states that do not yet have a date of discovery law.

"The firm is pleased that Lavern's Law continues to move forward so that no family will ever have to go through what the Wilkerson family has had to endure," said Keith Gitman, Managing Attorney at Parker Waichman LLP; "however, it's important to note that, while the original version of this proposed Bill related to discovering malpractice in general, the current Senate version focuses on undiagnosed cancers and other malignant tumors."

Lavern's Law is named after Lavern Wilkinson, a 41-year-old Brooklyn, New York mother who died in 2013 of a curable form of lung cancer after doctors at Kings County Hospital in Brooklyn, New York misdiagnosed her. By the time she filed a lawsuit, the statue of limitations to file a lawsuit expired. Lavern died leaving behind a 15-year-old autistic and developmentally disabled child who needs round-the-clock care, according to a June 12, 2017 The New York Daily News report. (http://www.nydailynews.com/news/politics/lavern-law-malpractice-bill-faces-n-y-senate-hurdles-article-1.3242714)

Filing A Medical Malpractice Lawsuit

Parker Waichman has years of experience successfully representing clients in medical malpractice lawsuits. If you or someone you know is interested in filing a lawsuit, please contact one of our experienced medical malpractice lawyers today. Our firm offers free, no-obligation case evaluations. For more information, please call 1-800-YOURLAWYER (1-800-968-7529). (http://www.yourlawyer.com/practice-areas/medical_malpractice)

SOURCE Parker Waichman LLP

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