ALBANY, N.Y. (AP) — Both houses of the 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.
The Republican-controlled Senate and the Democrat-controlled Assembly passed the measure Tuesday, two days after Democratic Gov. Andrew Cuomo and legislative leaders — Senate Majority Leader John Flanagan and Speaker Carl Heastie — announced an agreement on the legislation.
Dubbed “Lavern’s Law” after Lavern Wilkinson, the bill changes the statute of limitations for filing a lawsuit for a missed cancer diagnosis to 2½ 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, of Brooklyn, died in 2013 after a missed cancer diagnosis.
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