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New York assembly passes bill for later malpractice claims

New York’s state Assembly has recently passed the Lavern’s Law bill, which, if signed into law, will allow those who have been the victim of medical malpractice to file claims later than the law now currently allows. The bill was named after a Brooklyn woman named Lavern Wilkerson who died after a cancer misdiagnosis back in the year 2012.

The current law requires that victims of medical malpractice must file a claim within two-and-a-half years after an improper treatment, omission or act of medical malpractice has occurred. If the bill is passed, the clock for filing a claim would not start until such time as an injured patient discovers, or even should have discovered that their injury was caused through malpractice. This law would also give a time period of up to 10 years before capping the claims period after the alleged malpractice.

The bill is currently being held up in the chamber’s Code committee along with a companion bill that has gained 34 co-sponsors. Carl Heastie, the Democratic Assembly Speaker states that if the amendment becomes a law, however, it would assist patients who often don’t have symptoms or become aware of their illness until the period for making a claim has run out. New York Governor Andrew Cuomo states that he does plan to sign the bill into law if it makes it to his desk.

Individuals who believe they may be the victim of medical malpractice may have valuable rights and could potentially be entitled to compensation for their injuries or misdiagnosis. They may find it beneficial to learn more about these legal rights as they pertain to their case.

Source: Insurance Journal, “N.Y. Assembly OKs Bill Allowing Later Claims for Medical Malpractice,” June 12, 2015


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