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Bronx Personal Injury & Real Estate Blog

Monday, February 19, 2018

New York Medical Malpractice Statute of Limitations Change

Q: How has the New York medical malpractice statute of limitations changed for misdiagnosis of cancer cases?

Medical malpractice occurs when an injury results from medical treatment that deviates from accepted standards of practice. The negligence can come at the hands of a doctor, nurse, surgeon, hospital, or any other healthcare worker.

The misdiagnosis of cancer malpractice lawsuit in New York is only one of many different types of medical malpractice. In New York, the statute of limitations – – the time within which you must commence your medical malpractice lawsuit or the right to do so is lost forever– – is only two and a half years from the date of the alleged negligence action or omission that caused the injury.

But a new law signed by New York's Governor Cuomo in January 2018 "allows cancer victims to sue for malpractice within a 2 1/2-year window that opens when the patient discovers the error" rather than when the error occurred.

The law, known as Lavern's Law, only applies to misdiagnosis of cancer medical malpractice suits. It is named after a woman who died of a reportedly curable form of lung cancer after being misdiagnosed. She left behind an autistic and developmentally disabled child.

Reportedly, those whose statute of limitations “ran out in the last 10 months will get a six-month window to sue". Accordingly, it's important that anyone who might benefit from the extended statute of limitations contact a skilled personal injury attorney as soon as possible.

In addition, those with a close family member who died as a result of a misdiagnosis of cancer, may be able to pursue a wrongful death action. Damages differ on a case-by-case basis, but may include the victim’s final medical and funeral expenses, pain and suffering, and certain financial losses, like loss of the victim’s salary, benefits, and more, depending on the relationship to the victim.

If you or a loved one has been injured or a loved one has been killed as a result of medical malpractice, whether from a misdiagnosis of cancer or other malpractice, the Goldstein Law Firm can help maximize the compensation to which you may be entitled. Contact us today for free consultation.

From our office in the Bronx, New York, we represent victims and their families throughout New York State, including those injured or killed when visiting New York.


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