There is just one last bill on Governor Andrew Cuomo’s desk from last year. There were 606 bills that were passed by both of New York’s legislative houses. All have been signed or vetoed except for Lavern’s Law – a law that Gov. Cuomo previously stated he supported and would sign. The bill is named for Lavern Wilkinson, who went to Kings County Hospital with chest pain. A radiologist saw a suspicious mass on the x-ray but Ms. Wilkinson was not told. When it was later found again, after her complaints had worsened, the medical malpractice statute of limitations had already expired. By then, unfortunately the cancer had spread and was terminal.
The bill was sent to the Governor during the holiday week for signature. Gov. Cuomo has until February 5, 2018 to sign it or the bill dies. Lavern’s Law would extend the accrual of the statute of limitations in certain medical malpractice cases from the time the discovery of malpractice was made, or could reasonably have been made, instead of when it occurred. As part of a legislative compromise, and in an effort to balance the equities between stale claims against doctors where memories have faded and the likelihood exists that witnesses and records are no longer available and those where a patient is unaware of a possible malpractice claim, it would apply, if signed by the Governor, only to cancer cases. All other medical malpractice case would retain the current two and a half year medical malpractice statute of limitations absent a tolling provision or claim made against a municipal entity that carriers a 1 year and 90 days statute of limitations.
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