Gov. Cuomo Will Sign Bill To Help Victims of Delayed Cancer Diagnosis

It was announced today that Gov. Cuomo will sign a bill to allow additional time for victims of delayed diagnosis of cancer to file a malpractice claim. Currently, if you didn't file a medical malpractice suit within 2 1/2 years of the malpractice your case could be dismissed as late--even though you didn't even know you had cancer until 2 1/2 years after the deadline to file had expired. So now with this new legislation to be enacted this week--the 2 1/2 year window to file a malpractice suit involving cancer starts when the patient discovers the malpractice. The time to file any other type of medical malpractice suit remains the same. This exception to the standard rule on when to start the 2 1/2 year window does not apply to any other type of illness caused by malpractice, other than cancer.

Under this newly agreed upon version of the bill that Gov. Cuomo promised to sign this week, those patient's whose deadline to sue expired within the last 10 months will get a 6 month extension to file their claim. This law is referred to as Lavern's Law, named after a woman who died as a result of a delay in diagnosing a curable form of cancer, but was deprived of justice because no one was aware of the malpractice until the 2 1/2 year deadline had expired.

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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