New York Daily News

It’s critical!

Lavern kin: Get moving on malpractic­e reform

- BY KENNETH LOVETT John Annese With Stephen Rex Brown

ALBANY — A bill to help victims of medical malpractic­e faces another rough road in the state Senate — despite having more than enough support to pass.

Known as Lavern’s Law, the bill would start the window to bring medical malpractic­e cases when an error is discovered by the patient, not when the mistake occurred, as under current law. It now has 40 sponsors in the Senate — eight more than is needed.

And now the family of Lavern Wilkinson, after watching the bill die in the Senate the past two years, is hoping the third time is the charm. During a phone interview Monday, Wilkinson’s aunt and cousin emotionall­y called on the Senate to finally take up the measure long championed by the Daily News before the scheduled June 21 end of the legislativ­e session.

“We’re begging for this to pass,” said Wilkinson’s aunt, Gloria O’Connor. “We’re asking please. We’re very very upset about it that it's taking so long.”

Added Wilkinson’s cousin, Marjorie Alexander: “I really don’t understand why they wouldn’t pass the bill. Something has to be done so another family won’t have to go through what we’re going through.”

Wilkinson was a 41-year-old Brooklyn mom who died in 2013 of a curable form of lung cancer after doctors at Kings County Hospital misdiagnos­ed her. By the time she sued, the window to file had expired. She left behind a 15-year-old autistic and developmen­tally disabled child who needs round-theclock care.

Lavern’s Law’s biggest backer in the Senate is Deputy Majority Leader John DeFrancisc­o (R-Syracuse).

But it is strongly opposed by the deep-pocketed medical establishm­ent, which has argued that many of the states that have similar measures in place also have caps on pain and suffering awards and limits on total damages.

“It’s like every end of session: We won’t know until probably the last day whether it’s going to pass or not,” DeFrancisc­o said when asked if the bill will come up for a vote.

New York is one of six states without a date of discovery law. A JUDGE on Monday finalized a blockbuste­r $75 million settlement the city agreed to pay in a class-action lawsuit charging that the NYPD issued 900,000 summonses without legal justificat­ion to fill quotas.

“The nonmonetar­y benefits could be, in the court’s view, ‘a game changer’ for N.Y.C. communitie­s,” Manhattan Federal Judge Robert Sweet said in approving the settlement.

The city maintains the NYPD does not use quotas.

Filed in 2010, the suit focused on “c summonses” officers wrote for minor offenses like disorderly conduct. Those who received the summonses will be eligible for payments capped at $150 per incident.

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