It took over two years before Lavern Wilkinson found out that the results of an x-ray revealed she had lung cancer. By then, the cancer has spread and couldn’t be treated.
If a doctor or hospital makes an error while treating you, you have the right to take legal action against them, but only for a limited time. This time limit is called a “statute of limitations” – you need to take action within a reasonable timeframe. But in New York, that time limit starts the day that the medical error was made.
Lavern, like so many other patients in New York, didn’t even know the error had been made until it was far too late. Sadly, Lavern passed away in 2013.
Right now, the law removes the incentive for doctors and hospitals to make medical care more safe.
What’s needed is a “date of discovery” law. It would set the date when a patient discovers the medical negligence as the start of the clock on the statute of limitations. It’s a common sense protection for all patients. The bill is named Lavern’s Law in honor of Lavern Wilkinson who, had she known about her cancer, may still be alive today.
Citizen Action is part of a big coalition pushing for Lavern’s Law to pass this session. Below is the coalition’s letter to Governor Cuomo and the New York State Legislature asking them to take action.
You can take action now by clicking here to send a message to your state legislators right now!
Send Your Message Now!