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Case Results

We recently secured a $2.8 million dollar settlement for a New York man who suffered a stroke after a hospital emergency department mistreated his high blood pressure. See more results here

 

Headline News

     New York State recently passed important legislation-the Date of Discovery Bill, aka Lavern’s Law. The new law will help New York cancer patients in medical negligence cases.  Pegalis & Erickson, LLC were active advocates of this important legislation for New York patients. A cancer patient now has more time to bring a lawsuit in New York against those responsible for a cancer misdiagnosis, based on when the patient discovers the error, or has the available information to discover the error, rather than when the mistake actually occurred. Unfortunately, the law does not apply to other forms of illnesses; only for cancer misdiagnosis.
     Until recently, when a New York cancer patient was misdiagnosed as not having malignant cancer when indeed they did, the time allowed to bring a law suit began when they were misdiagnosed, instead of when they found out about the avoidable mistake! By the time a cancer patient learned of their misdiagnosis, it could be years after the actual negligence occurred, thus the timeline to sue (statute of limitations) ran out.

     The new Date of Discovery law in NY allows a two-and-a-half year timeframe to bring a medical negligence law suit, from when a patient knew or should have known, there was an error or a missed diagnosis involving cancer. The law is named in remembrance of Brooklyn, NY resident Lavern Wilkinson, who died in 2013 at age 41 after doctors failed to detect that she had a curable form of lung cancer. Although she visited a hospital with chest pain, and a radiologist saw a suspicious mass on her x-ray, Laverne wasn’t told. She was unable to bring a lawsuit, which she had hoped would have provided for her severely disabled child.

     There are still five states without any date of discovery laws: Arkansas, Idaho,Maine, Minnesota, and South Dakota. Unfortunately, except for cancer misdiagnosis, New York compares closely to those states in all other illnesses misdiagnosis.

 

Colon Cancer 

Unfortunately, colorectal cancer does not always present many noticeable symptoms in its early stages. This is why regular screenings are critical for diagnosing the disease before it progresses, and is more receptive to treatment. Read on here.

Our Promise 

If your clients, family or friends have a concern about a medical diagnosis or medical treatment they received, we are ready to provide a prompt, effective attorney consultation at anytime.
Call us at 516.684.2900. Or click the green button to directly email our partner Sanford Nagrotsky. Thank you.

 

Learn here how to be a proactive patient to stay safer. See our tips to help avoid medical diagnostic errors.