The most current legislative sessions in the state came to an end just over a week ago. At least one piece of legislation was not taken to a vote, making it the second year that the bill died in session. Lavern’s Law, the bill in question, would ultimately change the way that medical malpractice cases are handled in the state.
Currently, there is no date of discovery law in New York. In our state, the statute of limitations for a medical malpractice suit begins at the time of misdiagnosis. In other state that utilize date of discovery, the time limit begins when the misdiagnosis or injury is discovered. This can make a vast different in the right that someone has to file suit.
People in the medical establishment argue that states who utilize date of discovery also put a cap on total damages, something New York does not want to do. Even though the sate Assembly passed Lavern’s Law last year, the Senate has failed to pass it. This year, nothing was done with the bill at all.
Because New York does not utilize date of discovery, thousands of patients miss out on the opportunity to seek recovery for medical malpractice. Whether Lavern’s Law will be introduced again at the next session is unknown.
If you or a loved one has been the victim of medical malpractice in New York, call our office. We will review the facts of your case and advise you of your options. Call now for assistance or browse our website for more information about our firm.