Medical Malpractice Attorneys in New York – 212-227-4000
New York Governor Cuomo signed Lavern’s Law in early 2018, making it an official law throughout the state. The decision marked an important turning point in New York medical malpractice claims, particularly for those filed by cancer misdiagnosis patients. Lavern’s Law effectively provides the opportunity for uncounted cancer misdiagnosis patients to file new lawsuits against the doctors or medical groups that failed to diagnose their dangerous cancers due to an extension in statutes of limitations.
At Mirman, Markovits & Landau, P.C., our New York medical malpractice attorneys are excited over the signing of Lavern’s Law. We look forward to getting the chance to represent people deserving of fair and maximized compensation after having their cancer misdiagnosed due to medical negligence. If you believe you have a claim – or if your claim was previously denied by a statute of limitations – please call us at 212-227-4000 or email us to find out if Lavern’s Law allows you to file a claim.
Extending Statutes of Limitations on Misdiagnosis Claims
In the past, New York had a strict 2-1/2 year – or 30-month – statute of limitations on all medical malpractice claims that began on the date of the error. This legal rule gave a significant favor to insurance companies and medical groups, as it defeated any claim filed after the statute of limitations expired. The underlying issue being that most people who experienced a cancer misdiagnosis did not immediately know about the error. Instead, years and years could go by until they found out they had cancer, and the statute of limitations would have already expired.
Lavern’s Law – a date of discovery rule – brings about these important changes:
- 2.5 year statute of limitation begins on the date the cancer is discovered, or when it should have reasonably been discovered by the patient.
- 6-month window to file a misdiagnosis claim given to patients whose previous statutes of limitations expired within the last 10-months of the signing of Lavern’s Law.
Date of discovery rules like Lavern’s Law are crucial for protecting the wellbeing of medical malpractice victims. However, it is important to note that Lavern’s Law only applies to cancer misdiagnoses.
Think You Have a Claim? Call 212-227-4000 to Find Out
Our New York diagnosis error lawyers are proud to stand up for the rights of people who were harmed through the mistakes and negligence of their doctors. If you or a loved one have been diagnosed with cancer and you believe it should have been noticed by medical professionals during previous examinations, then we want to hear from you.
It is possible you have a right to file a claim that seeks compensation for:
- Medical bills
- Wages lost due to debilitations caused by cancer
- Pain and suffering
- Loss of consortium, if wrongful death occurred due to cancer
Discuss your options with Mirman, Markovits & Landau, P.C. today during a free initial consultation.