Medical Malpractice Law Gets Backing From NY Gov, NYC Mayor

A proposed medical malpractice law has earned the support of both New York City Mayor Bill DeBlasio and New York State Governor Andrew Cuomo. The bill, known as “Lavern’s Law”, would remove a statute of limitations placed on patients seeking to file lawsuits against public hospitals. The medical malpractice law has gained support from state legislators on both sides of the aisle. A spokesman for Governor Cuomo told reporters that the governor would sign the bill if it passed the State Assembly.

Origins of New Medical Malpractice Law

The story of “Lavern’s Law” started with Lavern Wilkinson, a Brooklyn-based mother of an autistic daughter. In 2010, Ms. Wilkinson visited Kings County Hospital complaining of chest pains. She underwent X-rays which showed a tumor on her lungs, but her doctors did not inform her about the tumor. Since she did not learn of the lung cancer until nearly two years after the X-rays were taken, she was legally prohibited from filing a medical malpractice lawsuit against the hospital. She died in March 2013 of curable lung cancer at the age of 41.

Wilkinson Case Prompts New Medical Malpractice Law

Ms. Wilkinson’s case gained headlines around the New York area when news reports revealed why she was not allowed to file a medical malpractice lawsuit against the hospital. She had also sued the city and received a $625,000 settlement on March 7, 2013, the day she died. She asked that the money go toward the care of her autistic daughter, Micalia, who was 15 at the time of her mother’s death. Now 18, Micalia also suffers from severe mental disabilities and is unable to care for herself.

Calls for Medical Malpractice Law Reform

The calls for medical malpractice law reform came from both trial attorneys and patient care advocates. Medical malpractice law experts estimate that a lawsuit could have netted millions for Ms. Wilkinson’s family if not for the state’s fifteen-month statute of limitations. Michael Levine, president of the New York State Trial Lawyers Association, said that the current law “makes a bad situation worse.” He also called for New York to join 44 other states that have similar medical malpractice laws.

Medical Malpractice Law Faces Opposition

Despite the widespread support for the proposed medical malpractice law, the bill may not reach the Assembly floor before the end of the current legislative session. Senate Majority Leader John Flanagan, along with the Republican Senate Conference, currently controls whether or not the medical malpractice law will reach the floor for a vote. Even if the bill passes before the end of the session, Governor Cuomo has not remarked on where the bill rates among his legislative priorities.

Source: NY Daily News

Get Answers For Your Medical Malpractice Lawsuit Questions

If you are a medical malpractice victim, contact one of our attorneys today to find out how we help with your medical malpractice lawsuit. Our intake team will take down the details of your case and quickly connect you to an attorney who understands how to get the most from your medical malpractice lawsuit. You can also fill out the “Free Case Evaluation” form at the top of this page.