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Lavern’s Law Passes in Albany Giving Misdiagnosed Cancer Patients Time To Fight Medical Malpractice

On June 21, 2017, the New York Senate passed S.6800, known as Lavern’s Law. The bill passed with an overwhelming vote of 55 to 6. This victory is designed to be a response to New York’s infuriating issue of misdiagnosed cancer patients losing their rights before they even knew they had them.

Medical MalpracticeIn New York, the statute of limitation in medical malpractice matters is calculated from the time the incident happens – not from the time you find out about the conduct. New York is only one of six states that measures the time to sue from the date of the malpractice. This hits people particularly hard if they have undiagnosed cancers. A misdiagnosis of cancer generally comes about when there is a delay in detecting or diagnosing the cancer, resulting in an outcome that is significantly different than it could have been.

Lavern’s Law would start the window to bring medical malpractice cases involving cancer when the patient discovers an error, not when the mistake occurred, as under current law.

The Story Behind Lavern’s Law

Much progress has been made on passing Lavern’s Law. But one family who won’t benefit from the change is that of the woman for whom the law is named – Lavern Wilkinson. In 2013, Lavern, a Brooklyn mom, died at the age of 41 of a curable form of lung cancer after doctors at Kings County Hospital misdiagnosed her.

By the time Lavern learned of the misdiagnosis of her cancer and sued, the time to file had already expired. She left behind her 15-year-old autistic and developmentally disabled child who continues to need round-the-clock care. Although Lavern Wilkinson died far too young, she leaves behind a lifelong legacy for misdiagnosed cancer patients.

One of the biggest advocates to push for this law has been Edward H. Gersowitz, founding partner at Gersowitz Libo & Korek, P.C. In addition to his years of fighting for this law as an experienced personal injury trial attorney, Mr. Gersowitz has also used his position as the president of NYSTLA to continue fighting for the rights of his clients and all of New Yorkers.

The bill now goes to the Assembly and the Governor’s desk.

Legal Protection For Medical Malpractice

Most states have laws that allow individuals who have been injured as a result of another party’s negligence or recklessness to seek compensation for their medical bills, pain and suffering, and loss of income. This is also true in the case of patients.

New York is finally set to join these states in allowing cancer patients whose disease were undiagnosed more time to fight for their rights.

When a physician or any other healthcare professional provides substandard care that results in injuries or death, the patient should enlist the help of an attorney who specifically handles medical negligence to seek monetary compensation.

At Gersowitz Libo & Korek, P.C., our Cancer Misdiagnosis attorneys understand the ramifications of medical negligence on the patient and their family members. We are aggressive in getting our clients the full extent of the monetary compensation they are entitled to for the injuries they have suffered.

Call Us

If you or a loved one was injured due to the negligent actions of a healthcare professional and would like to consult with an experienced cancer misdiagnosis attorneys, please immediately call Gersowitz Libo & Korek, P.C. at 1-800-529-9997.

https://www.nydailynews.com/news/politics/pared-down-lavern-law-passes-albany-article-1.3266296

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Jeff Korek
Jeff S. Korek
Senior Trial Partner
New York State Bar #2089290

Jeff S. Korek is a New York trial lawyer and Senior Trial Partner at Gersowitz Libo & Korek, P.C., where he has practiced since 1992. Over more than three decades of practice, Jeff has represented clients in complex personal injury and medical malpractice cases and has secured significant verdicts and settlements, including $10 million and $20 million recoveries in medical malpractice matters involving childbirth complications, as well as an $18 million settlement in Gardener v. City of New York.

Jeff has been recognized by The Best Lawyers in America since 2006 and has received multiple “Lawyer of the Year” honors, including for Personal Injury Litigation – Plaintiffs in New York City in 2016 and Medical Malpractice Law – Plaintiffs in New York City in 2020. He has also been repeatedly selected to Super Lawyers, including the Top 100: New York – Metro list. With decades of experience handling complex cases, a strategic approach to litigation, and a strong commitment to clients, Jeff Korek has built a distinguished practice in New York personal injury and medical malpractice law.