Two years after a Brooklyn mother passed away as a result of medical malpractice, politicians want to amend a New York law that prevented her family and others from suing the responsible parties. In March 2013, Lavern Wilkinson passed away after a battle with curable lung cancer. She had an X-ray taken in 2010 that revealed a small mass on her right lung, but doctors did not inform her about this, leaving the cancer to spread throughout her body.

What makes Wilkinson’s care even more disturbing is that she was barred from filing a lawsuit even though she was responsible for a child with special needs. The reason her lawyers were unable to file suit has to do with the New York state law which requires that claims be filed within 15 months after the malpractice occurs. Before Wilkinson even knew that she was a victim of medical malpractice, the statute of limitations in her case ran out.

New York is somewhat unique in its handling of the statute of limitations because most other states allow for the clock to start running after the patient has discovered the issue. According to New York lawmakers, Lavern’s situation is giving way to momentum building over altering the law so that families like Lavern’s have an opportunity to pursue relief.

When the law was first introduced several years ago, only three state senators had signed on. That number has now grown to 32. One of the primary reasons for enhanced support has been viewing the amendment as largely a woman’s issue. This is due to the fact that cancerous lesions could be misinterpreted or missed in mammograms or scans, meaning that women may not even know about a medical concern until it’s too late. If that medical concern ends up taking their life, Lavern’s Law could allow for family members to file suit.

If you have been the victim of medical malpractice, then be sure to consult with a qualified malpractice lawyer as soon as you can. You may be entitled to a large settlement that includes money for medical bills, past and future pain and suffering and lost wages. Jayson Lutzky has helped recover millions for those who have suffered a personal injury. Call 718-514-6619 to set up your free in-person consultation and visit to learn more about Mr. Lutzky.