Lavern’s Law: Expansion of Medical Malpractice Statute of Limitations in NY Signed Into Law

new york practicesLavern’s Law, a piece of New York State legislation that aims to extend the timeline for filing a medical malpractice lawsuit for missed cancer diagnosis, was passed into law month.

After reaching an agreement with legislative leaders in Albany, Governor Andrew Cuomo signed into law, which takes effect January 31, 2018, a piece of New York State legislation that brings with it significant changes to the medical malpractice statute of limitations for patients with cancer cases that had initially been misdiagnosed.

New York State Senate Bill S6800 (17R), more commonly referred to as Lavern’s Law, was introduced in 2017 and named after Lavern Wilkinson of the Bronx NY, who died from a treatable form of lung cancer in 2013. With it’s signing, Lavern’s Law effectively alters the timeline for filing a medical malpractice lawsuit for missed cancer diagnosis.

Prior to the introduction of the bill in 2017, the previous statute of limitations kept the timeline for filing limited to 15 months after the misdiagnosis occurs. With the Governor’s signature, Lavern’s Law lengthens that window significantly to two and a half years from the time the patient discovers the misdiagnosis.

For more information about the bill or to read the legislation in its entirety, please visit the New York State Senate website here or contact Acadia Pro for options on how to best protect your healthcare facility or private practice.

 

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