Recently, New York State established Lavern’s Law to assist victims of misdiagnosis of cancer to hold both doctors and hospitals accountable. In 2013, Lavern Wilkinson died from incurable lung cancer due to doctors failing to accurately diagnose her illness. Ms. Wikinson had attempted to sue Kings County Hospital in Brooklyn. However, she could not commence an action because the time period to do so had already expired.
At the time, New York State law provided that the time to bring about an action initiated from the time doctor committed the misdiagnosis. However, Ms. Wikinson, as well as many other people who are misdiagnosed, was not aware of her misdiagnosis until her cancer had grown.
When Ms. Wilkinson realized her cancer had grown, the statute of limitations had already expired. According to the law, Ms. Wilkinson had only two and half years to sue for medical malpractice. Ms. Wilkinson passed away leaving behind an autistic teenage son who was also developmentally disabled.
According to the new law, a victim of cancer misdiagnosis in New York State will be able to commence an action two and a half years from the date of discovering the misdiagnosis. However, if the misdiagnosis occurred more than seven years prior to the date of discovery, a victim is unable to bring a lawsuit. The new law will help provide relief for victims of cancer misdiagnosis and their families.
For more information about all of your legal options following mistakes by medical professionals, be sure to contact a Long Island medical malpractice attorney today.
If you or someone you love has been a victim of medical malpractice, there is no time to waste in securing representation to pursue the just compensation you deserve. The New York medical malpractice lawyers at Levine & Slavit, PLLC have 60 years of experience handling personal injury claims in New York City, Long Island, and the surrounding areas. For more information or to schedule a consultation, contact our New York City medical malpractice lawyers at (212) 687-2777 or for our Long Island medical malpractice lawyers call (516) 294-8282.