Lavern’s Law has failed to pass in the New York State Senate. Senate
majority leader John J. Flanagan (R) has effectively halted the bill by
not allowing it to be voted upon, even though the legislation has gained
overwhelming bipartisan support. The passage of this bill would have aided
the victims of medical malpractice in a big way.
Lavern Wilkinson, the Brooklyn woman whose name the law honored, passed
away in 2013 from a curable form of lung cancer that doctors failed to
diagnose three years earlier. The bill would have extended the window
for filing a medical malpractice lawsuit by allowing victims to file within
two and a half years of discovering a medical error, instead of starting
the clock when the mistake actually occurred. Out of the 50 states in
the union, 44 already have similar legislation in effect.
Opposition to the bill came from lobbyists representing the hospital and
healthcare industry. They feared that the number of malpractice lawsuits
would increase if the bill were passed. Evidence shows, however, that
only around one percent of medical errors actually result in a claim being
filed. Many recipients of malpractice are unaware of their mistreatment
until it is too late, nullifying their right to sue.
Get the Help of a Superb New York Medical Malpractice Attorney
If you have been misdiagnosed or received negligent medical treatment,
Lurie, Ilchert, MacDonnell & Ryan LLP can help you seek the justice
you deserve. We place our clients’ wellbeing as our top priority,
and we are prepared to make sure every effort is made to secure the largest
settlement possible for your troubles. With personalized care and an unwavering
dedication to our clients, we are willing to go the distance to ensure
that your rights are protected.
Our personal injury attorneys are standing by – call (646) 461 4009 today!