Was Your Cancer Diagnosis Missed?
Governor Andrew M. Cuomo, Senate Majority Leader John J. Flanagan and Speaker Carl Heastie today announced that a three-way agreement has been reached on Lavern’s Law: legislation that would extend the amount of time a person can file a suit for a missed cancer diagnosis. The Governor signed it into law on January 31st, 2018.
Under the previous state law, the statute of limitations applicable to medical malpractice actions can expire in some cases before some patients know they have been injured.
The bill (S.6800) cures that problem for cases involving failures to diagnose cancer and malignant tumors. Under this agreement, the two and a half year statute of limitations would run from the date that the plaintiff knew or should have known of the negligence and injury, NOT the date when the negligence occurred, with an outer limit of seven years from the date of occurrence.
The legislation is named after Lavern Wilkinson, who died in 2013 after a missed cancer diagnosis. “No one should have to go through what Lavern Wilkinson and her family did, and this agreement will help protect cancer patients and their loved ones, while also addressing concerns from the medical field,” Governor Cuomo said. “With this reform, we will help make New York a healthier, fairer state for all.”
Read the Official Announcement: https://www.governor.ny.gov/news/governor-cuomo-majority-leader-flanagan-and-speaker-heastie-announce-three-way-agreement
At Rappaport, Glass, Levine and Zullo, LLP we have attorneys that have handled these types of medical malpractice suits with great success. If you need to speak with us directly call our office 631-293-2300.