What You Need to Know about Lavern’s Law

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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Dear friends and clients,

In furtherance of our firms culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can. 

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Jacoby & Meyers, LLP