News from Alan W. Clark & Associates
A Personal Injury Law Firm

The date of discovery is critical in allowing a patient's claim to be presented based on recently discovered medical errors causing a delayed diagnosis of cancer and other serious treatable illnesses. Many times, radiologists misread screening mammograms, reporting no signs of cancer when, in fact, a cancerous tumor is present. Pathologists also misread specimens, reporting benign findings when, in fact, cancer is present. A misdiagnosis like this can result in years of delay before the patient's cancer or illness is finally discovered, prompting re-review of prior films and specimens which, in fact, were misread. By the time the correct diagnosis is made, the cancer or illness may be advanced and not curable. The resulting injuries, harms and losses to the patient and family are devastating.

Unfortunately for the patient, the present medical malpractice statute of limitations may have already expired, barring prosecution of a meritorious claim before the patient has even discovered that there was a medical error in not correctly diagnosing the illness in a timely manner. This results in a great injustice to the patient who is denied the right to present a meritorious medical malpractice claim and obtain fair and just compensation for the resulting harms and losses.

Lavern's Law must be passed to remedy this injustice and undeniable hardship to victims of medical malpractice.

Read the full article of the recently published article in the NY Daily News "A Pared-down Lavern's Law passes in Albany, giving cancer victims more power to fight malpractice."

We're excited to announce that the NYS Assembly just gave final legislative approval on the "Date of Discovery" bill, a scaled-back version of Lavern's Law that would start the window to bring medical malpractice cases involving cancer when an error is discovered by the patient, not when the mistake occurred, as under current law.

This bill now goes to Governor Cuomo.  Please call the Governor's office (518-474-8390) to encourage him to sign the bill into law!