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statute of limitations, Chicago medical malpractice lawyersDespite receiving overwhelming bipartisan support from the Assembly, sponsoring from the majority of the State Senate, and endorsement from New York Governor Andrew M. Cuomono, a bill that would have changed New York’s statute of limitations on medical malpractice will never come up for a final vote. Instead, the bill, named Lavern’s Law, was shot down by the Senate majority leader, John J. Flannagan. As a result, victims of medical malpractice in New York will continue to suffer.

Lavern’s Law and the Statute of Limitations on Medical Malpractice Suits

Lavern’s Law was named after Lavern Wilson, a Brooklyn woman who died from a curable form of lung cancer. Doctors at Kings County Hospital had found a suspicious mass during an X-ray three years prior to her death, but never told her about it. And, because New York’s statute of limitations only gives victims two-and-a-half years from the date a mistake occurs to file a lawsuit, no action was ever taken against the negligent physicians.

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medical negligence in Illinois, Chicago malpractice attorneyMedical negligence occurs far more often than the number of cases reported for litigation. According to research published by Northern Illinois University College of Law, an estimated 4,325 patients die in hospitals in Illinois every year from preventable medical errors. Of this number, 96 percent of medical malpractice victims never pursue a claim.

Cornell University Law School Professor, Theodore Eisenberg surmises in his 2012 paper, “The Empirical Effects of Tort Reform,” that people who do not sue as a result of a medical error do not recover costs. Prof. Eisenberg shares that a possible contributing factor to the high rate of medical errors is due to the fact that most patients victim to medical malpractice do not file a claim. Therefore, doctors do not expect they will be responsible for full costs as a result of their negligence.

Our law firm is here to help victims understand their legal rights when it involves medical malpractice. It is important to consult with an attorney as soon as possible regarding an incident in which medical error was involved due to the statutes of limitations applied by the state.

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