Governor Cuomo Signs Lavern's Law, Assisting Medical Malpractice Patients Statewide

Posted By Mirman, Markovits & Landau, P.C. || 14-Feb-2018

In New York, people were only given a 30-month window to file a medical malpractice claim after their cancer was misdiagnosed or not diagnosed at all. However, the 30-month statute of limitations started on the date of the error. Since cancer can develop quite slowly, there were many cases in which someone would be tested, misdiagnosed, and go back to their lives, only to discover the malignant cancer well after the statute expired.

New York Governor Andrew Cuomo has recently signed a law – Lavern’s Law – that will correct this unfair mishandling of statutes of limitations. With Lavern’s Law instated, the 2.5 year statute of limitations now begins at the date of the cancer’s discovery, or on the date the patient should have reasonably become aware of their cancer. There is also a six-month window for people to bring a new medical malpractice lawsuit if their previous statutes of limitations ended no more than 10 months ago. This should serve as a huge boon for cancer misdiagnosis plaintiffs, both recent and in the future.

More Opportunities for People to Make Recoveries

Through the signing of Lavern’s Law, also called the date of discovery rule, cancer misdiagnosis patients have a greater chance than ever to receive the compensation they deserve and more people than ever have the opportunity to file a claim. Accurately identifying cancer after a misdiagnosis is a challenge that was not likely to be corrected any time soon due to the gradual affliction of cancerous growth. Untold numbers of future patients no longer need to worry about correcting a misdiagnosis in such a short amount of time. Not to mention all the New Yorkers who were recently misdiagnosed and now get a second chance at seeking compensation through the six-month extension.

Do you believe you might have a renewed chance to file a medical malpractice claim after a cancer misdiagnosis thanks to Lavern’s Law? Let our New York personal injury attorneys from Mirman, Markovits & Landau, P.C. know. Using our years of legal experience and insight, we can see if you have grounds to file a medical malpractice case of your own. We encourage you to contact our law firm by calling 855.295.4737 and setting up a free case evaluation.

Categories: Medical Malpractice, News
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