Highlighting Medical Malpractice & Personal Injury Issues Affecting New Yorkers

Archive for medical error

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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Ongoing Problems at NYCHHC

iStock_000010501389XSmallA recent NYC Comptroller’s report  found that claims against City hospitals had increased over the past year, but the most alarming aspect of the report was that claims against Kings County Hospital represented nearly 20% of all claims against the New York City Health and Hospitals Corporation (NYCHHC).  This report gives Kings County Hospital the sad distinction of being the malpractice capital of the city.

Kings County Hospital is not the only City Hospital in the news for all the wrong reasons. Recent newsworthy cases against NYCHHC include the choking death of a patient Read More→

Legislative Action Alert: New York State Medical Indemnity Fund

Patient Safety

In 2011 Governor Cuomo and the Legislature established the New York State Medical Indemnity Fund. The fund was intended to provide for future health care costs associated with birth-related neurological injuries arising out of medical malpractice and to lower the cost of medical malpractice to the health care system.

While the New York State Academy of Trial Lawyers and consumer advocates fought bitterly against the fund, arguing that it would deprive the most vulnerable victims of medical negligence of proper care and compensation, the Medicaid Redesign Team included the fund as a key component of its proposals. The Academy, along with leading consumer advocates, warned lawmakers that the fund represented a slippery slope where the quality of care would continue to deteriorate for the unfortunate children consigned to the fund’s bureaucracy.

The NYS Department of Health is now proposing new regulations that would further hurt the most vulnerable victims of medical negligence.  But you can help stop this ill-conceived plan by clicking HERE. 

In April 20th, the Department of Health issued proposed new regulations for the fund.  The regulations would result in:

Families facing great difficulty in modifying their homes to suit the needs of their child, even if these modifications have been approved by a court. The proposed regulations Read More→

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→