Lavern Wilkinson first entered Kings County Hospital (KCH) in February of 2010 complaining of chest pain. An EKG was ordered, X-rays administered, and yet Lavern was never given the results showing a two-centimeter mass located on her right lung. Instead, a first-year resident sent her home with instructions to take Motrin. By the time Lavern returned to KCH in May of 2012, the cancer had spread from her lungs to her liver, brain and spine. Lavern died on March 7th, 2013.
The Fight Goes On
In an unsettling development for patients nationwide, New York state representative John J. Flanagan recently decided not to allow Lavern’s Law to be voted on by the Assembly. Lavern’s Law was bipartisan effort that would have helped victims of medical malpractice bring their challenges to court. After Lavern died in 2013, her daughter was barred from bringing a lawsuit against KCH due to New York state laws forbidding medical malpractice lawsuits from being filed more than two and a half years after a mistake occurs (as opposed to when an error is, or should have been, discovered). Sadly, this standard is still lacking in six states across the country, and New York just blew an opportunity to remove its name from the list.
According to a 1999 study conducted by the Institute of Medicine at the National Academy of Sciences reported that at least 44,000 people die in hospitals each year due to medical errors, with many more are injured. A 2011 study in HealthAffairs estimated that this number has now increased tenfold. Of course, opposition to Lavern’s Law came from the hospital and health care lobby, no doubt concerned that its passage would result in additional medical malpractice lawsuits.
Call Hales & Associates Today
If you or a loved one is currently struggling with an injury due to medical malpractice, please contact the personal injury attorneys at Hales & Associates, Attorneys for a complimentary consultation. With over twenty years’ experience representing victims of medical malpractice, our professional legal team is uniquely equipped to help you obtain the outcome you deserve.