• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
(914) 220-1086

Law Offices of Thomas L. Gallivan, PLLC

Just another WordPress site

  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
        • Lawsuits and Settlements
        • Distracted Driving Accidents
        • After a Car Accident
        • Passenger in a Car Accident
        • How To Get Compensation
        • Uninsured Motorist Accidents
      • 9/11 Victim Compensation Fund Lawyers
      • Burn Injury Lawyers
      • Bus Accident Attorneys
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Spinal Cord Injury Lawyers
      • Traumatic Brain Injuries
      • Truck Accident Lawyers
        • Delivery Truck Accidents
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Brain Bleeds
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Medication Errors
      • Physical Abuse
      • Wrongful Death
    • Medical Malpractice
      • Birth Injury
      • Emergency Room Negligence
      • Failure to Diagnose
        • Stroke and Heart Attack
        • Lymphoma
        • Leukemia
        • Cancer
        • Breast Cancer
        • Colon Cancer
        • Prostate Cancer
        • Kidney Cancer
      • Hemiparesis
      • Gastric Bypass Malpractice
      • Medication Errors
      • Meningitis
      • Neurological Injuries
      • Statute of Limitations
    • Criminal Defense
  • Blog
  • Results
    • Medical Malpractice Results
    • Nursing Home Abuse Results
    • Personal Injury Results
  • Resources
    • Videos
    • Nursing Home Citation Map
    • Nursing Home Citations
    • Westchester County
      • Westchester County Accident Lawyer
      • Westchester County Contingency Fee Lawyers
      • Westchester Nursing Home Abuse Lawyers
    • New Rochelle
      • New Rochelle Car Accident Lawyers
    • Mamaroneck
  • Contact Us
  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
        • Lawsuits and Settlements
        • Distracted Driving Accidents
        • After a Car Accident
        • Passenger in a Car Accident
        • How To Get Compensation
        • Uninsured Motorist Accidents
      • 9/11 Victim Compensation Fund Lawyers
      • Burn Injury Lawyers
      • Bus Accident Attorneys
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Spinal Cord Injury Lawyers
      • Traumatic Brain Injuries
      • Truck Accident Lawyers
        • Delivery Truck Accidents
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Brain Bleeds
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Medication Errors
      • Physical Abuse
      • Wrongful Death
    • Medical Malpractice
      • Birth Injury
      • Emergency Room Negligence
      • Failure to Diagnose
        • Stroke and Heart Attack
        • Lymphoma
        • Leukemia
        • Cancer
        • Breast Cancer
        • Colon Cancer
        • Prostate Cancer
        • Kidney Cancer
      • Hemiparesis
      • Gastric Bypass Malpractice
      • Medication Errors
      • Meningitis
      • Neurological Injuries
      • Statute of Limitations
    • Criminal Defense
  • Blog
  • Results
    • Medical Malpractice Results
    • Nursing Home Abuse Results
    • Personal Injury Results
  • Resources
    • Videos
    • Nursing Home Citation Map
    • Nursing Home Citations
    • Westchester County
      • Westchester County Accident Lawyer
      • Westchester County Contingency Fee Lawyers
      • Westchester Nursing Home Abuse Lawyers
    • New Rochelle
      • New Rochelle Car Accident Lawyers
    • Mamaroneck
  • Contact Us
Call
Contact
Blog
Home  /  Personal Injury Law  /  Lavern’s Law Passes in Albany; Will Help Victims of Misdiagnosed Cancer

Lavern’s Law Passes in Albany; Will Help Victims of Misdiagnosed Cancer

laverne7n 7 web

by Law Offices of Thomas L. Gallivan, PLLC 13 Jul2017

The New York State Assembly passed a bill meant to help victims of misdiagnosed cancer by changing the time period which a lawsuit can be filed.  If the bill were signed into law, and Gov. A ndrew Cuomo said he intends to sign ‘Lavern’s Law,’ a cancer patient who was misdiagnosed would have two-and-a-half years from the date he or she discovered the misdiagnosis to bring a lawsuit – as long as seven years has not passed since the date of the misdiagnosis.

Under the current law, a victim of medical malpractice has two-and-one-half years to bring a lawsuit. The problem with the current law, according to legal scholars, is that victims of medical malpractice are often unaware that they have been misdiagnosed or mistreated. Therefore, victims can be time-barred from seeking a legal remedy through no fault of their own.

This is exactly what happened to Lavern Wilkinson, a 41-year-old Brooklyn who died in 2013 of a curable form of cancer. Wilkinson was misdiagnosed by doctors at Kings County Hospital. By the time she became aware that she had cancer, the cancer was incurable and it was too late to file a lawsuit against the doctors and hospital. According to the New York Daily News, Wilkinson left behind a “15-year-old autistic son and a developmentally disabled child, who needs round-the-clock care.”

Unfortunately, the bill (a weakened version of the original) will not help Lavern’s family. The original version of Lavern’s Law provided a “one-year reprieve” for victims to file suit that would have otherwise been time-barred. In addition to scrapping that part of the law, Legislators narrowed the scope of the law from applying to any type of medical malpractice to only applying to misdiagnosis of cancer. New York is one of only six states without a so-called “date of discovery” law.

Lavern’s law is strongly opposed by the medical establishment, which states that other states with “date of discovery” laws have caps on pain and suffering, something that New York does not limit. The Medical Society said that it was “extremely concerned about the ultimate impact to New Yorker’s access to care.”

Source:

http://www.nydailynews.com/news/politics/pared-down-lavern-law-passes-albany-article-1.3266296

Posted in: Personal Injury Law, Failure to Diagnose, Medical Malpractice

Primary Sidebar

Get In Touch

Practice Areas

  • Personal Injury
    • Wrongful Death
    • Motor Vehicle Accidents
    • Trucking Accidents
    • Pedestrian Accidents
    • Construction Accidents
    • Scaffolding Accidents
    • Slip, Trip & Falls (Premises Liability)
    • Negligent Supervision at a School or Day Care
    • Sidewalk Falls
    • Elevator Accidents
    • Train and Subway Accidents
  • Nursing Home Abuse
    • Bedsores (Pressure Ulcers)
    • Falls & Fractures
    • Malnutrition and Dehydration
    • Physical and Sexual Abuse
    • Wandering & Elopement
    • Unexplained Bruises and Cuts
    • Infection
    • Choking Incidents
    • Medication Errors
    • Group Homes
    • Assisted Living Facilities
  • Criminal/DWI Defense
    • DWI (Driving While Intoxicated)
    • Criminal Defense
    • Traffic Violations
    • DMV Refusal Hearings
    • Sex Crimes
    • Shoplifting & Larceny
    • Assault & Vehicular Assault
    • Drug Possession
    • Drug Sales
    • Weapons Charges
    • Domestic Violence
    • How is a DWI Defined in New York?
    • Is the Driver’s License Confiscated Immediately Upon a DWI Arrest?
  • Medical Malpractice
    • Failure to Diagnose Cancer
    • Birth Injuries (Gynecological, Obstetrical)
    • Medication Errors
    • Surgical Errors
    • Gastric Bypass Surgery Errors
    • Emergency Room Errors
    • Failure to Diagnose Heart Attack or Stroke
    • Cerebral Palsy
    • Erbs Palsy Birth Injury
  • Trusts + Estates
    • Wills & Trusts
    • Divorce, Child Support, Custody Issues
    • Elder Law
    • Estate Planning
    • Guardianships
    • Medicaid-Planning
    • Power of Attorney / Health Care Proxy
    • Probate and Estate Administration
    • Surrogate Court Litigation
    • Real Estate
    • Business Formation
    • Wills
    • Will Contests

View All Practice Areas

View All Blogs

CLIENT TESTIMONIALS

" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

Melanie

" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

Katherine R.

" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

Colin W.

View All Testimonials

245 Main St Suite 450 White Plains, NY 10601

Phone:
(914) 220-1086

Fax:
(516) 394-4229

555 5th Ave 14th Floor
New York, NY 10017

Toll Free:
(855) 228-7369

(By Appointment Only)

1370 RXR Plaza
Uniondale, NY 11556

Phone:
(914) 594-6820

Fax:
(516) 394-4229

12 1st St
Riverhead, NY 11901

Phone:
(914) 825-5855

Fax:
(516) 394-4229

Personal Injury

  • Pedestrian Accident Lawyers
  • Slip & Fall Injury Lawyers
  • Wrongful Death Lawyers
  • Personal Injury Lawyers
  • Construction Accident Lawyers
  • Westchester County Personal Injury Lawyer

Nursing Home Abuse

  • Nursing Home Abuse Attorney
  • Bedsores Lawyer
  • Brain Bleeds
  • Bruises and Cuts
  • Elopement
  • Falls & Broken Bones
  • Group Home Abuse
  • Infections
  • How to Report Nursing Home Abuse

Car Accidents

  • Car Accident Lawyers
  • Car Accident Settlements
  • Distracted Driving Accidents
  • Truck Accident Lawyers
  • Delivery Accident Lawyers
  • Uber Accident Lawyers

Medical Malpractice

  • Medical Malpractice Lawyers
  • Emergency Room Negligence
  • Medication Errors
  • Neurological Injuries
  • Orthopedic Malpractice
  • Ophthalmology Errors
  • Failure to Diagnose
    • Heart Attack or Stroke
    • Leukemia
    • Cancer
    • Bladder Cancer
    • Breast Cancer
    • Colon Cancer
    • Skin Cancer

Birth Injury

  • Birth Injury Lawyers
  • Erb’s Palsy
  • Birth Asphyxia
  • Cerebral Palsy
  • Sepsis Infections
  • Neonatal Infections
  • Brachial Plexus
  • Hypo-Ischemic Encephalopathy
  • Shoulder Dystocia
  • Jaundice
  • Encephalomalacia

Helpful Content

  • Stage 4 Bedsore Lawsuits and Settlements
  • Nursing Home Abuse Citation Map
  • Signs of Nursing Home Abuse
  • Riverhead NY Injury Lawyers
  • White Plains Accident Lawyers

Footer

  • Personal Injury
  • Nursing Home Abuse
  • Medical Malpractice
  • Car Accidents

ATTORNEY ADVERTISING

Copyright © 2022, Law Offices of Thomas L. Gallivan, PLLC | Sitemap