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New York’s Statute of Limitations Ran Out Before a Cancer Stricken Mom Has the Opportunity to Sue For Malpractice

Medical Malpractice AttorneyNew York’s statute of limitations allow 2 ½ years from the date of the medical error for a patient to file suit against private, nonprofit hospitals or doctors. The statute allows an even shorter time frame of 90 days to file suite against a municipal hospital.

There has been much controversy over this archaic statute because New York essentially stands alone as one of only six states that does not have a discovery statute, meaning patients’ clocks start from the date the bad care occurred.

One of the many victims of this statute is Lavern Wilkinson. According to a New York Daily News article, Wilkinson is a 41-year-old single mom suffering from terminal cancer that could have been prevented. The article further states that she is a victim of malpractice by Kings County Hospital, where no one informed her in 2010 that she had a lung nodule that developed into stage IV lung cancer.

Since Wilkinson was never told of the 2-cm nodule seen on her February 2, 2010 chest x-ray until May 2012, the 15-month statute of limitations has well expired for her to file a malpractice lawsuit, much less try to save her life.

There are 44 other states that have “date of discovery” statute of limitations, which allow patients to pursue legal action from the time they discover the consequences of wrongful medical care. Now with Wilkinson’s public plight, Senator Chuck Fuschillo and Assemblywoman Helene Weinstein are hopeful that their legislation to change this New York law has a chance of passing and will allow New York to join the majority of other states in protecting patient’s rights, stated the Daily News article.

Contact Us

If you or a loved one was injured as a result of substandard medical care, it is imperative that you immediately hire a New York medical malpractice attorney to get the maximum compensation for your injuries.

The attorneys at Gersowitz, Libo & Korek, P.C. have the necessary experience and knowledge to aggressively fight to get you the compensation that you deserve.

Call us at 800.529.9997 to schedule a complimentary consultation with one of our experienced New York medical malpractice attorneys today.

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