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Time Ran Out on Lavern’s Law Without a Victory

Medical Malpractice AttorneyOne of the hottest topics that was to be voted on, Lavern’s Law, died in Albany without the support of the State Senate leader, despite a record 30 senators who were ready to vote for the bill.

The proposed law, which would have amended the archaic statute of limitations for medical malpractice victims, was named for Lavern Wilkinson, a Brooklyn mom, who became a victim of negligence at Kings County Hospital but was unable to sue because of this New York law.

Wilkinson died on March 7, 2013 after physicians at the county hospital failed to diagnose a form of lung cancer in 2010 on a chest X-ray, which revealed a cancerous mass. Wilkinson’s cancer would have been easily treatable if it was caught on the 2010 X-ray while in its early stages.

Wilkinson was further failed by the legal systems because the statute of limitations prevented her from bringing a medical malpractice claim against the hospital because her claim was untimely, even though the failure to diagnose her in 2010 was a clear medical error.

The Fight Was Fought, But No Victory Was Sought

Although the proposed law got more traction in the Assembly by reaching the floor for a vote on Thursday, June 20th, the bill’s sponsor put it on hold once it was clear that it had no chance in the Senate.

As a result, victims of medical malpractice have to continue dealing with the ramifications of the archaic statute of limitations in bringing medical malpractice lawsuits, until more progress can be made in the new year to come.

Dedicated NY Malpractice Attorneys

At Gersowitz, Libo & Korek, P.C., we have witnessed the devastating impact medical negligence causes victims and their families. We dedicate our time, expertise and resources in helping victims and their families in getting the just compensation they deserve, despite the archaic statute of limitations law currently in place.

If you or a loved one was injured as a result of a medical error, call us at 800.529.9997 to schedule a complimentary consultation with one of our experienced New York medical malpractice lawyers today.

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