Lavern's Law passes both houses of NYS Legislature

Jan 30, 2018

Both houses of the New York State Legislature have approved a proposal to make significant changes to New York's medical malpractice law, by allowing patients to sue years after an alleged misdiagnosis or mistreatment for cancer.

Credit File Photo / National Public Radio

The Republican-controlled Senate and the Democrat-controlled Assembly passed the measure Tuesday, two days after Gov. Andrew Cuomo and legislative leaders - Senate Majority Leader John Flanagan and Assembly Speaker Carl Heastie - announced an agreement on the legislation.

Dubbed "Lavern's Law'' after Lavern Wilkinson of Brooklyn, the bill changes the statute of limitations for filing a lawsuit for a missed cancer diagnosis to 2 1/2 years after the time when a patient first learns of the medical error. The current law's limitation is 15 months after a misdiagnosis.

Wilkinson died in 2013 after a missed cancer diagnosis.