In New York, a victim of medical malpractice may be precluded from suing a negligent doctor because the Statute of Limitations has expired before they even knew that medical malpractice was committed. This unjust reality is the subject of Lavern’s Law which would allow victims of medical malpractice the right to sue within a certain time period running from the date of discovery that medical malpractice was committed. According to an article by the New York Daily News, this fair-minded and justice-driven legislation faces opposition in the New York Senate, primarily from medical malpractice insurance companies seeking to protect their bottom line. New York is one of only six states without a Date of Discovery Rule.
For example, a doctor could have negligently misread a chest x-ray 3 years ago which revealed a treatable form of lung cancer. A patient does not discover this fact until 3 years have passed, the cancer has spread and has become fatal. In New York, the victim would be precluded from holding the doctor responsible for his/her negligence due toe New York’s 2 1/2 year Statute of Limitations for Medical Malpractice actions. Lavern’s Law would allow such a victim time from the Date of Discovery to bring a lawsuit against the negligent doctor for this clear act of medical malpractice.
It is long-past time that this patently unfair law be changed and victims of malpractice be allowed to seek justice.
The partners and staff of Queller, Fisher, Washor, Fuchs & Kool, LLP urge you to contact your local representative and urge the passage of this important and timely law.
Have you suffered further injury or illness after receiving treatment from a medical provider? If so, you may be entitled to compensation. For a free, no-obligation consultation, call 212-406-1700 or contact us on-line. Queller, Fisher, Washor, Fuchs & Kool will review your claim to see how we may be able to help you.
