Thursday, June 16, 2016
Proposed NY Medical Malpractice Law Extends Window for Lawsuits
As a partner with Alegria & Barovick, LLP in New York, Andrew Barovick handles cases spanning areas such as medical malpractice, products liability, and personal injury. The former chair of the NYC Bar's Medical Malpractice Committee, he has aggressively assisted numerous clients in receiving the money and benefits they are entitled to. Andrew Barovick stays abreast of the latest issues in medical malpractice statewide and throughout the country.
One major piece of legislation that is making its way through the New York legislature in Albany involves Lavern’s Law, which takes its name from Lavern Wilkinson. A Brooklyn native, Wilkinson died in 2012 in a case of misdiagnosed cancer, with the error not communicated until it had reached stage 4 and was no longer treatable.
The proposed law will change existing statutes, which require suits to be filed within two and a half years of when the alleged malpractice occurred, but within fifteen (15) months for NYC municipal hospitals. Under the bill, the start of the statute of limitations clock would be the moment the patient first realizes that misdiagnosis has occurred. In the case of Lavern Wilkinson, this law revision would have allowed a lawsuit to go forward that is not possible under current regulations.