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| | NY Governor Cuomo Signs “Lavern’s Law”: Med Mal Bill Extending Time Period for Patients To File Suit
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New York State Governor Andrew Cuomo recently signed legislation known as ‘Lavern’s Law’ which corrected an injustice in the law which had left certain victims of medical malpractice without any access to justice when initially misdiagnosed as not having cancers or malignant tumors.
Before this important legislation was enacted, the statute of limitations, (the time by which a lawsuit must be brought,) started running when the actual misdiagnosis occurred rather than when the victim actually learned that she/he had been misdiagnosed. By the time the patient learns of the misdiagnosis, it could be years after the actual malpractice occurred, outside the statute of limitations.
Under this recently enacted law, a victim now has time to bring a lawsuit against those responsible for such a misdiagnosis when the patient discovers the error, not when the mistake actually occurred. The law is named after Lavern Wilkinson, a victim of medical malpractice, who died of cancer that could have been treated had she been timely informed of the condition. By the time she was finally correctly diagnosed, the statute of limitations had run and no lawsuit could be brought.
Gersowitz Libo & Korek is especially proud of its founding co-partner, Edward H. Gersowitz whose efforts as President of the New York State Trial Lawyers Association helped to shephard this important legislation through the State legislature leading to its passage in June, 2017 and the Governor’s signing in January 2018.
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| | GLK Retained To Pursue Legal Action Against the NYPD For Possible Stairwell Homicide of Tonie Wells
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| Tonie Wells was found dead early morning on December 27, 2017 at the bottom of the basement of her Crown Heights home on Sterling Place after neighbors heard the cries of her toddler daughter and called the police. Wells had bruising on her neck, which led investigators to treat the death as a possible homicide by Tonie’s husband of nine-months, Barry Wells.
About an hour earlier that morning, Tonie Wells had called 911 to report that she was in fear of her husband, who was acting strangely. Two officers, identified as Wing Hong Lau and Wael Jaber, responded to the scene. The two officers allegedly never got out of their cars to further investigate the situation.
About an hour later, cops were once again called to the Sterling Place home after neighbors heard Wells’ daughter screaming inside. Responding officers found Wells at the bottom of the staircase unconscious and unresponsive. She was pronounced dead at the scene.
The NYPD has suspended Lau and Jaber for failing to properly respond to the 911 call from Wells’ home earlier that morning. Internal Affair is investigating the situation.
Tonie Wells’ mother has retained Gersowitz Libo & Korek, P.C. to pursue legal action against the NYPD for failing to properly investigate and possibly avoid the fatal tragedy.
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Our Mission to Our Clients
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| Gersowitz Libo & Korek, PC
111 Broadway, 12th Floor
New York, NY 10006
Phone: (212) 385-4410
Toll-free: (800) 529-9997
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