NY Medical Malpractice Reform Passes State Assembly
The New York State Assembly passed a medical malpractice reform bill that would extend the deadline for patients to file a lawsuit. The bill passed by a vote of 99-23, with support from both Republican and Democratic Assembly members. The medical malpractice reform bill goes on to the state Senate, where it could face opposition from both Republican Senators and lobbyists for the medical industry. If the Senate passes the bill, Governor Andrew Cuomo is expected to sign it into law.
Case Prompts Medical Malpractice Reform
The medical malpractice reform bill, known as “Lavern’s Law,” stems from the case of a Brooklyn woman who died of cancer in 2013. Lavern Wilkinson had visited Kings County Hospital and reported her consistent chest pain. Doctors took chest X-rays, but failed to diagnose Ms. Wilkinson with a curable form of lung cancer. Current state law requires that patients file their malpractice suits within 15 months of the physician’s mistake. By the time Ms. Wilkinson and her family learned of the error, the statute of limitations had passed and she was ineligible to file her lawsuit.
NYC Mayor, NY Governor Supports Medical Malpractice Reform
Both Gov. Cuomo and New York City Mayor Bill DeBlasio voiced their support for the medical malpractice reform measure. The medical malpractice reform bill would extend the filing deadline to 15 months of when the patient learned of the error. The city reached a $625,000 settlement with Ms. Wilkinson’s family, far short of the $10 million that the city could have paid in a medical malpractice lawsuit. The family announced that it would use the proceeds to care for Ms. Wilkinson’s teenage daughter, who lives with her aunt and was diagnosed with severe autism.
Groups Urge Passing Medical Malpractice Reform
Several patient advocacy groups are urging the Senate to pass the medical malpractice reform bill. Groups such as Citizen Action of New York, the Disabled in Action of Metropolitan New York, the Gray Panthers, and the Long Term Care Community Coalition signed a letter calling on legislators to vote for the medical malpractice reform measure. The letter recommended that lawmakers “close this harmful loophole” and change “an outdated law (that) denies (patients) access to justice”.
Political Battle Threatens Medical Malpractice Reform
While the medical malpractice reform bill passed the lower house with ease, the road to its approval in the Senate is expected to be much tougher. Senate Majority Leader John Flanagan (R-Suffolk County) controls the Senate’s voting agenda. He has not announced whether he will put the medical malpractice reform proposal up for a vote before the end of the legislative session. The Greater New York Hospital Association, the Healthcare Association of New York State, and the New York Medical Society have all voiced their opposition to the bill, and have donated more than $1.5 million to Republican Senate campaigns in the last five years.
Get Answers For Your Medical Malpractice Lawsuit Questions
If you are a medical malpractice victim, contact one of our attorneys today to find out how we help with your medical malpractice lawsuit. Our intake team will take down the details of your case and quickly connect you to an attorney who understands how to get the most from your medical malpractice lawsuit. You can also fill out the “Free Case Evaluation” form at the top of this page.
Comments are closed.