You may have seen or read ads blasting the possible passage of this law which opponents have characterized as a gift to trial lawyers. This is simply not true. This law corrects a cruel, grave injustice to victims of medical malpractice.
Laverne Wilkinson was a real person who died from a curable type of lung cancer. She was the victim of medical malpractice leaving behind a severely retarded and autistic daughter. She was 41 years old. In 2010 she had a chest x-ray at Kings County Hospital that showed a small suspicious mass in her right lung. It was missed and she was sent home with Motrin. By the time the cancer was finally diagnosed and the 2010 error discovered, the cancer was widespread and no longer curable and the statute of limitations to file a claim had already passed In New York State, the statute of limitations is two and half years from the date of malpractice but when the malpractice occurs at a City Hospital or medical clinic it is only 15 months from the date of malpractice. During the 15 month period of time while the statute was running, Ms. Wilkinson did not know she had cancer or that she was the victim of malpractice. No sane person can argue that such a result is fair and yet opponents of the law want to continue to deny people like Laverne the ability to bring a case. Laverne’s Law simply provides for a discovery rule, meaning that the statute of limitations would not begin to run until the date when the victim knew or should have reasonably known of the malpractice. 44 other states have a version of this rule. I urge you to support this rule today.
If you or a loved one think you might be the victim of malpractice, it is crucial that you contact a lawyer immediately to protect your legal rights. There are time limitations that may be expiring. Here at the Law Office of Richard M. Kenny we have been privileged to recover millions of dollars for the innocent victims of medical malpractice. We are here when you need us.