Lavern's Law

Lavern’s Law was enacted to address the limitations faced by patients in New York who suffered from medical malpractice by a delayed cancer diagnosis. 

History of Lavern’s Law

• Introduction and Enactment: Lavern’s Law was signed into law by Governor Andrew Cuomo on January 31, 2018. The law is named after Lavern Wilkinson, who died in 2013 due to a delayed lung cancer diagnosis. Her case highlighted the need for changes in the statute of limitations for medical malpractice cases involving cancer misdiagnosis.
• Purpose: The law was introduced to extend the statute of limitations for filing medical malpractice lawsuits in cases where cancer was not diagnosed in a timely manner.

What Lavern’s Law Does

• Date of Discovery Rule: Lavern’s Law allows the statute of limitations to start from the date the patient discovers, or should have reasonably discovered, the cancer misdiagnosis. This is a significant change from the previous rule, which started the clock at the time of the medical error.
• Extended Time Frame: Patients now have two years and six months from the date of discovery to file a lawsuit. However, there is an overall cap of seven years from the date of the alleged malpractice.
• Scope: The law specifically applies to cases involving the failure to diagnose cancer or malignant tumors.

If you or someone you know has been affected by a delayed cancer diagnosis, consulting with an experienced attorney can be a crucial step towards seeking justice.