BRONX CENTER FOR INDEPENDENT LIVING

BROOKLYN CENTER FOR INDEPENDENCE OF THE DISABLED

BROOKLYN-WIDE INTERAGENCY COUNCIL OF THE AGING
CENTER FOR INDEPENDENCE OF THE DISABLED, NEW YORK
CENTER FOR JUSTICE & DEMOCRACY
CENTER FOR MEDICAL CONSUMERS
CITIZEN ACTION OF NEW YORK
CITIZENS ENVIRONMENTAL COALITION
COMMISSION ON THE PUBLICS HEALTH SYSTEM
COMMUNITY SERVICE SOCIETY OF NEW YORK
CONSUMERS UNION
DENSE NEW YORK (Density Education National Survivors Effort)
DISABILITIES NETWORK OF NEW YORK CITY
EMPIRE STATE CONSUMER PROJECT
ENVIRONMENTAL JUSTICE INITIATIVES
GAY & LESBIAN INDEPENDENT DEMOCRATS
GRAY PANTHERS - NEW YORK CITY NETWORK
HARLEM CENTER FOR INDEPENDENT LIVING
LAST STOP ADVOCACY PROJECT
LONG ISLAND PROGRESSIVE COALITION
LONG TERM CARE COMMUNITY COALITION
LUPUS & ALLIED DISEASES ASSOCIATION
MAKE THE ROAD NEW YORK
METRO NEW YORK HEALTH CARE FOR ALL CAMPAIGN
NAACP NEW YORK STATE CONFERENCE
NEW YORK COMMITTEE FOR OCCUPATIONAL SAFETY & HEALTH
NEW YORK IMMIGRATION COALITION
NEW YORK PAID FAMILY LEAVE COALITION
NEW YORK PUBLIC INTEREST RESEARCH GROUP
NEW YORK STATE ASSOCIATION OF ELECTRICAL WORKERS
NEW YORK STATE NURSES ASSOCIATION
NEW YORK STATEWIDE SENIOR ACTION COUNCIL
NEW YORKERS FOR ACCESSIBLE HEALTH COVERAGE
NEW YORKERS FOR PATIENT & FAMILY EMPOWERMENT
PEACE ACTION OF NEW YORK STATE
THE PEGGY LILLIS FOUNDATION
PULSE OF NEW YORK
TEAMSTERS JOINT COUNCIL 16
TEAMSTERS LOCAL 237
UNITED WE STAND (9/11 cleanup workers)

In Support of Laverns Law

June 13, 2016

Re: Laverns Law, A.285A (Weinstein)/ S.6596 (DeFrancisco)

Dear Governor Cuomo and Members of the Legislature:

The undersigned 34 organizations are writing to express our strong support for New
York to pass Date of Discovery legislation to protect the rights of medical
malpractice victims.
New York is one of just six states without a Date of Discovery law. Under existing
New York law, the statute of limitations for patients harmed by unreasonable,
irresponsible medical errors starts from the day the incident occurred, not when the
patient discovers the error and harm. 1 This unfair rule penalizes victims of negligent
medical care who --through no fault of their own realize they have been harmed
only after the window for filing a lawsuit has already closed.
This is exactly what happened to Brooklyn mother Lavern Wilkinson. Ms. Wilkinson
was not told of the results of an x-ray revealing lung cancer for more than two
years. By the time she discovered the error, the cancer had spread and was no longer
treatable. Lavern Wilkinson tragically passed away in May, 2013.
Because New York lacks a Date of Discovery rule, Lavern and her family were left
with no legal rights and without proper access to justice. She is not alone. Too often,
hospitals and health care providers who commit egregious, neglectful errors are
allowed to escape responsibility simply because their negligence was revealed too
late. The current law weakens incentives for hospitals and doctors to improve patient
safety measures so that these harmful incidents never happen in the first
place. Instead, it encourages a wall of silence that can further harm patients.
The Cuomo Administration and New York State Legislature have historically stood
up for patient safety. We urge to you to continue that support by passing the Date of
Discovery Law, also known as Laverns Law, to close this harmful loophole in New
Yorks statute of limitations so that the clock starts ticking from the date the patient
first learns, or reasonably should know, of the medical error. We believe this simple
fix is fair to patients, doctors and hospitals.
Thank you for your consideration of this critical issue. If you wish to discuss this
matter further, feel free to contact Ilene Corina, President of PULSE of New York, at
1

New York requires victims of medical malpractice, with only a few exceptions, to file a claim within two and a half
years of the date of the malpractice incident (or end of continuous treatment), no matter when the negligent error is
discovered (CPLR 214-a). The deadline is even shorter for people harmed by public hospitals, because a notice of
claim must be filed within 90 days of the incident and the case itself must be filed within a year and 90 days of the
incident (Gen Munic Law, 50-e, 50-i).

icorina@pulseofny.org or 516-579-4711; Bob Cohen, Policy Director of Citizen

Action of New York, at bcohen@citizenactionny.org or 518-465-4600 x104; or Blair
Horner, Executive Director, New York Public Interest Research Group at
bhorner@nypirg.org or 518-836-0876, x257.
Sincerely,
Bronx Center for Independent Living
Brooklyn Center for Independence of the Disabled
Brooklyn-wide Interagency Council of the Aging
Center for Independence of the Disabled, New York
Center for Justice & Democracy
Center for Medical Consumers
Citizen Action of New York
Citizens Environmental Coalition
Commission on the Publics Health System
Community Service Society of New York
Consumers Union
DENSE New York (Density Education National Survivors Effort)
Disabilities Network of New York City
Empire State Consumer Project
Environmental Justice Initiatives
Gay & Lesbian Independent Democrats
Gray Panthers New York City Network
Harlem Center for Independent Living
Last Stop Advocacy Project
Long Island Progressive Coalition
Long Term Care Community Coalition
Lupus & Allied Diseases Association
Make the Road New York
Metro New York Health Care for All Campaign
NAACP New York State Conference
New York Committee for Occupational Safety & Health
New York Immigration Coalition
New York Paid Family Leave Coalition
New York Public Interest Research Group
New York State Association of Electrical Workers
New York State Nurses Association
New York Statewide Senior Action Council
New Yorkers for Accessible Health Coverage
New Yorkers for Patient & Family Empowerment
Peace Action of New York State
The Peggy Lillis Foundation
PULSE of New York
Teamsters Joint Council 16

Teamsters Local 237

United We Stand (9/11 cleanup workers)