Lavern’s Law, as it is called, is being discussed by legislators. It is named after Lavern Wilkinson, a woman who died after being misdiagnosed in 2012. The fate of the law is in the balance as lawmakers are getting ready to put a halt to the current session.
Assemblywoman Helene Weinstein (D-Brooklyn) explained that the law would give citizens more time to sue for medical malpractice. More people would be allowed their day in court. It is a simple change, Weinstein explained. Instead of the 15-month statute beginning from the time of the error, time would start ticking when the mistake was discovered.
Doctors say that unless the bill is coupled with tort law, it could have a drastic impact on malpractice insurance rates. In New York, the rates are already among the highest in the country. Doctors would like to see lawmakers wait to make a decision until the bill is coupled with other reform laws. Governor Cuomo, however, has not committed one way or the other.
If you believe that you or a loved one has been the victim of medical malpractice, please call our office today. We will review the details of your case and advise your of your options.