Currently, victims of medical malpractice have a relatively small window of opportunity to pursue a medical malpractice case. Under New York State law, you have two and a half years to file a medical malpractice lawsuit after being injured or harmed. Advocates of Lavern’s Law are pushing legislatures to allow patients two and a half years from the time the medical malpractice was discovered (or could have reasonably been discovered) to file a medical malpractice claim.
“What is Lavern’s Law? Lavern Wilkinson, of Brooklyn NY, had a curable form of lung cancer. Doctors at Kings County Hospital detected a suspicious mass on an X-ray, but they never informed Ms. Wilkinson. Three years later she died. Even though the hospital was blatantly negligent her daughter was unable to bring a law suit against the hospital due to current state laws, which state victims must file suit within two and a half years of the occurrence of the medical mistake. If Lavern’s law was put into place, victims would have two and a half years from the discovery of the medical error. In some cases, like Lavern’s, the failure to diagnosis wasn’t discovered for some three years, at which point it was too late. Had Lavern’s law been in place, her family would have had two and a half years from the time the negligence of the hospital was discovered to file suit.” – Lavern’s Law, A Medical Malpractice Law That Could Have Saved Lives
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