X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Peter A. Kolbert and Andrew S. Kaufman. Courtesy photos.

On June 21, 2017, the New York state legislature passed “An Act to Amend the Civil Practice Law and Rules, in Relation to Accrual of Causes of Action for Medical, Dental and Podiatric Malpractice.” Better known as “Lavern’s Law,” this bill—if signed into law by Gov. Andrew Cuomo—will change the statute of limitations for medical malpractice cases related to the misdiagnosis of cancers and malignant tumors. NY Bill No. A00285A. (The bill seeks to accomplish a number of other objectives, such as reviving stale claims, applying the discovery rule to cases falling under the continuous treatment doctrine, though it contains some technical drafting issues certain significant sections of it ambiguous.) Lavern’s Law is named for Lavern Wilkinson, a single mom, who died from lung cancer in 2013 at age 41. Wilkinson’s case originated in 2010, when she presented to Kings County Hospital complaining of chest pain. H. Evans, “Lavern Wilkinson, victim of medical malpractice, dies of the cancer that could have been treated” NY Daily News, March 7, 2013. A chest X-ray revealed a mass on Wilkinson’s lung, but providers failed to inform her about the findings or treat the tumor. By the time Wilkinson was properly diagnosed in 2012, the cancer had spread and was incurable. Wilkinson filed a medical malpractice suit against Kings County Hospital, but the statute of limitations for bringing such a suit—which at municipal hospitals is 15 months from the date of the alleged malpractice—had expired. The dilemma therefore presented was that by the time Wilkinson discovered she might have a legal claim, the statute of limitations had already run.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

Dig Deeper

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.