Highlighting Medical Malpractice & Personal Injury Issues Affecting New Yorkers

Archive for delayed diagnosis of cancer

Tell the Governor to Sign Laverne’s Law!

Please take action to assist patients who have been injured as the result of a delayed cancer diagnosis.

We urge you to contact the Governor and ask him to sign the Date of Discovery bill that passed both houses of the state legislature  into law.

You can do so HERE.

Lavern’s Law, S6800/A8516, would extend the statute of limitations for medical, dental or podiatric malpractice related to the failure to diagnose cancer or other tumors from two years and six months from the date of the act, omission or failure complained of, to two years and six months from when a person discovers, or reasonably should have discovered, the alleged negligent act or omission up to seven years from the negligent act or omission.

Because this bill would ensure that victims of medical malpractice in New York State have access to justice, rather than being denied their day in court, we ask that you  contact the Governor and ask that he sign this important legislation.

 

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Tell Your Senator To Protect Malpractice Victims

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Learning that you have cancer is horrifying enough. Finding out that your diagnosis was missed and that your chances for survival are diminished because of medical negligence makes that news even more devastating. Being barred from pursuing a claim because you did not even know your condition was misdiagnosed until after the statute of limitations expired adds insult to injury.

Unfortunately that happens all too frequently in New York, one of only six states that does not have a date of discovery rule for cases involving delayed diagnosis or misdiagnosis.

Currently under New York law, the statute of limitations for victims of medical malpractice is two and a half years from the date the mistake is made, not from the date it is discovered. Read More→

Increased Doctor Discipline Needed



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Medical Malpractice is the third leading cause of death in America.  What may be even more disturbing is the lack of discipline for those responsible.

In New York, complaints about physicians and practitioners are investigated by the Office of Professional Medical Conduct (OPMC). However, 60% of OPMC actions were reliant on findings from other states.  That means that more than half of the time that New York State actually takes disciplinary action against a doctor licensed to practice here it is because another state took action first.  Reports show that over 77% of New York doctors that have been sanctioned by the OPMC for negligence continue to practice. Read More→

Breast Cancer Detection Law Signed

Good news for New Yorkers!  Our State signed into law an important new measure to help promote early detection and treatment of breast cancer.

The new law, which will take effect in 180 days,  will provide women with important information they need to make decisions regarding their health.   Read More→