Futterman, Sirotkin & Seinfeld, LLP Aggressive | Experienced | Knowledgeable | A Full Service Law Firm
Free Consultations *
For Personal Injury and Medical Malpractice Matters Only
toll free: 866-679-2513
Kew Gardens: 718-577-2573
Woodbury: 516-681-0250
New York: 212-223-2767
Main Menu

Thank you so much for all your help. You are a true God send and I feel blessed for having your assistance. Wishing you and your family well wishes and a Happy New Year too!

Thank you for “services rendered” to my complete satisfaction. On that note, a special thank you to Judy Ramirez and Veronica Fuentes for their many contributions. With your knowledge and experience...

Thank you for doing such a great job representing my son on the purchase of his condo. As I am sure you could tell, he was very nervous about the whole thing, been waiting for the other shoe to...

On behalf of the family of the Estate of Marlene U., I would like to express my sincere gratitude to the law firm of Futterman, Sirotkin & Seinfeld, LLP for its unwavering commitment...

I feel blessed that somehow your firm in and my life crossed because the result is the quality of my mother’s life in respect to current and future needs is secure …

Dear Martin and Ira, thank you so much for working so hard on my case for so many years. My life changed 10 years ago when this occurred. I'm glad this chapter of my life has closed.

Just wanted to express how happy I am with your firm. I have known you for over 15 years starting with the purchase of my first home and when I continued utilizing your services when...

Words can not fully express how grateful and impressed I am with your outstanding services. Working with you and your staff not only made me feel comfortable and reassured but ...

I wanted to express my sincere gratitude for your efforts over the last two years regarding my case. Your attention to the details surrounding-my case was second to none...

Me sentir bien comoda con mi dos abogados, el Sr. Martin y el Sr. Futterman, que me trataron mi caso con mucha delicadeza y puecieron mucho tiempo en mi case

Read More Testimonials
Practice Areas Menu

How could “Laverne’s Law” change medical malpractice suits?

How could “Laverne’s Law” change medical malpractice suits?

 

Lavern Wilkinson of Brooklyn, New York, died in 2013 from a type of lung cancer many people believe she could have survived, had a cancerous mass found in 2010 on an X-ray not been ignored. By the time Wilkinson was aware of the cancer, the statute of limitations in New York prevented her from filing a medical malpractice lawsuit against the hospital or the doctors for their oversight. Laverne’s Law, which passed in the Assembly but failed to make it to the Senate floor during the last New York legislative session, would expand the time you would have to file a lawsuit if you found yourself the victim of medical malpractice.

 

If passed, the legislation would give you three years from the date of the discovery of the medical error to file a suit. Currently, if you are a patient in a public hospital and you receive an incorrect diagnosis, you have 15 months to file a lawsuit. However, if you do not discover the disease or health issue that relates to the medical error until after the 15 months are up, you lose the opportunity to file a suit, even if the results are fatal.

 

The New York Daily News reported that 44 states already incorporate a date of discovery of medical malpractice into their statute of limitation laws. The other five that do not, besides New York, include Maine, Minnesota, Idaho, Arkansas and South Dakota.

 

With or without Lavern’s Law, medical malpractice would still need to be established through certain criteria. According to the National Conference of State Legislators, you would need to provide evidence that the doctor or doctors had an obligation to provide you with a standard of care. You would then need to demonstrate that the medical care was insufficient. You are required to show compensable injury, and that the injury came about or was exacerbated by doctor omission or negligence.

 

This information is meant for educational purposes only, and is not a substitute for legal advice.

No Comments

Leave a comment
Comment Information

Privacy Policy | Law Firm Marketing by FindLaw, a Thomson Reuters business.