Lavern's Law is named after Lavern Wilkinson, a Brooklyn woman who tragically died from a curable form of lung cancer after doctors failed to inform her of a suspicious mass on her chest X-ray. Due to the delay in diagnosis, Lavern was unable to seek legal action against the negligent medical providers. Her story highlighted the need for change in New York's medical malpractice laws.
Medical malpractice can have devastating consequences for patients and their families. In New York, a significant step towards protecting patients' rights was taken with the introduction of Lavern's Law. This groundbreaking legislation has reshaped the landscape of medical malpractice cases in the state, providing a beacon of hope for those affected by medical negligence.
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What is Lavern's Law?
Lavern's Law, also known as the Discovery Rule, is a New York state law that extends the statute of limitations for medical malpractice cases. The law applies to cancer cases and certain other conditions that might not be immediately apparent, providing patients more time to file a lawsuit. The law was signed in January 2018 and took effect on January 31st of the same year.
The key provisions of Lavern's Law include:
- Extension of the statute of limitations
- Discovery rule for cancer cases
- Inclusion of benign tumors
Lavern's Law represents a significant milestone in protecting patients' rights in New York. By including the above provisions, this legislation provides a vital lifeline for those affected by medical malpractice.
Extension of Statute of Limitations
Before Lavern's Law, patients had only 2.5 years from the date of the alleged malpractice to file a lawsuit. Under the new law, patients now have:
- 2.5 years from the date of discovery of the malpractice or the end of continuous treatment; or
- 7 years from the date of the alleged malpractice, whichever is earlier.
This extension provides patients with more time to seek justice and compensation for the harm they have suffered.
The Discovery Rule for Cancer Cases
Lavern's Law introduces a discovery rule specifically for cancer cases. In situations where cancer is misdiagnosed or not diagnosed in a timely manner, patients now have the right to file a medical malpractice after discovering the misdiagnosis or failure to diagnose. This provision acknowledges the unique challenges faced by cancer patients and ensures they have adequate time to pursue legal action.
Inclusion of Benign Tumors
Previously, benign tumors were excluded from medical malpractice cases. However, Lavern's Law recognizes that even benign tumors can have serious consequences if not diagnosed and treated promptly. This ensures that patients receive comprehensive protection against medical negligence.
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Speak to a Medical Malpractice Lawyer Today
If you or a loved one has been a victim of medical malpractice, it is crucial to consult with an experienced medical malpractice attorney. At Porter Law Group, our team of dedicated lawyers is committed to helping families rebuild after unfavorable circumstances. We operate on a contingency basis, meaning you don't have to pay anything unless we win your case.
If you suspect that you or a loved one has been a victim of medical negligence, don't hesitate to reach out. We are here to guide you through the legal process and fight for the compensation you deserve. Contact us today at 833-PORTER9 or info@porterlawteam.com to schedule a free consultation.
