TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Tuesday, January 30, 2018

NY: Gov. Cuomo to Sign Amended Lavern's Law

The state legislature and Governor Cuomo have reached a deal on Lavern's Law, the only bill remaining from the last session on which Cuomo has taken no action.  The Daily News reports:

Gov. Cuomo and state legislative leaders have struck a deal for the medical malpractice bill known as Lavern’s Law to be signed into law.

Cuomo plans to sign the bill this week, after the Legislature votes to amend the version it passed in June. The bill would start a 2 1/2-year window to bring malpractice cases involving cancer when the patient discovers the error. Currently, the clock starts when the mistake occurs — meaning patients may lose their chance to sue before they even find out there’s been an error.

Under the amended version, people whose statute of limitations ran out in the last 10 months will get a six-month window to sue. The bill the Legislature passed offered a window for cases going back seven years.

The changes also make it more clear that the new rules apply only to cancer, not other illnesses.

The full article is here.

http://lawprofessors.typepad.com/tortsprof/2018/01/ny-gov-cuomo-to-sign-amended-laverns-law.html

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