New York Discovery Law for Cancer Cases
- Posted on: Aug 25 2017
Medical malpractice cases can be one of the most difficult personal injury cases to prove. However, they’re made even more complicated by a statute of limitations that can be difficult to understand. Thankfully, the “Lavern’s Law” can make winning your medical malpractice case a bit easier in the state of New York.
Lavern’s Law helps to extend the amount of time a person can file a medical malpractice case. Let’s take a look at what this law actually states and what you need to know about filing a personal injury case in New York City.
About Lavern’s Law
Before Lavern’s Law was put into place, the statute of limitations for a cancer-related medical malpractice case began when a mistake of some kind affecting the person’s health was made; whether the individual was actually aware of the mistake wasn’t a factor. From that moment of inaccurate or withheld medical information, the individual had fifteen months to file a personal injury lawsuit regarding the mistake.
In 2010, Lavern Wilkinson went to the hospital for chest pain. Although doctors saw a mass on an x-ray of her lungs, she was not informed. Two years later, when Lavern discovered that the chest pain was actually a result of cancer, the fifteen months statute of limitations had already expired.
Lavern’s Law aims to change when that statute of limitations actually begins. Instead of the time period starting when the mistake is made, Lavern’s Law would start the clock when the patient becomes aware of the problem. This would mean the statute of limitations could not run out while the patient still did not know of his or her condition.
What This Means for Your Personal Injury Case
If you find that your doctor has made a mistake in relation to your cancer diagnosis, you have the right to file a medical malpractice case. As a kind of personal injury case, the team at Held and Hines can help you collect the evidence, information, and proof you need to show that your doctor acted negligently.
To get started on your medical malpractice case, contact the Held and Hines office in either Manhattan or Brooklyn for a free consultation.