“Lavern’s Law” has not yet been voted on in New York. It did not go to the floor because there were other issues that had to be addressed, such as rent control and educational funding. However, that does not mean that it will never be voted on, giving the bill a chance to become a full-fledged law, and voters in the state need to be well aware of how the bill works, what it addresses, and what abilities it could give them.
Essentially, the bill asks for more time for those who desire to file lawsuits regarding medical malpractice.
As of right now, the time limit begins when the error is made. If a victim waits too long, he or she cannot file. Lavern’s Law wouldn’t change it that much, but it would start the timer at two years and six months right when the person discovered the issue, not when the mistake was made.
Though this may sound like a small distinction, it can actually be rather huge. Some victims do not realize for months or even years that anything is wrong. Therefore, they don’t know that they need to file a suit. By the time they find out about the mistake at all, the statute of limitations could have expired, or it could be so close that they can’t take action fast enough.
Many people feel this is unfair to those victims because it is not their fault that they didn’t know to start a case, and it does not change the injuries that such a mistake can cause. While a statute of limitations makes sense, these people feel it should begin when the victim realizes there is a problem, and Lavern’s Law would make that possible.
Source: Legislative Gazette, “Lavern’s Law’ would give victims more time to file medical malpractice suits,” Chris Burek, July 13, 2015