A New York medical malpractice bill that proposed to start the statute of limitations when a medical error is discovered rather than when it is committed wasn’t considered by New York legislators before the summer break. It is the second year that the bill called Lavern’s Law died in the State legislature despite the strong support from many (see previous blog), including our firm.
One of our partners, Jeffrey Bloom is representing Elissa McMahon, a patient whose doctors failed to timely diagnose cancer. Elissa McMahon was unable to bring a lawsuit against the doctors who misdiagnosed her because the statute of limitation had passed. Jeff made the trip with her to Albany to help her campaign for the Lavern’s Law. Now, Elissa McMahon who is diagnosed with stage 4 cancer will have to wait until next year to hopefully be able to bring a lawsuit against the negligent doctors who ruined her life. (see previous blog)
Last year the bill passed the Assembly but died in the Senate. This year the Assembly waited to see what the Republican Senate would do. Despite being backed by the Senate GOP Deputy Majority Leader John DeFrancisco, the medical establishment was clearly against it and the Senate was unable to reach a consensus.
Read more in the NY Daily News and learn more about this bill in the video below