Syracuse Personal Injury Law Blog
Missed or delayed cancer diagnoses can have tragic consequences, and New York courts closely scrutinize such cases, especially when statutory limitations are in dispute. A recent New York case sheds light on how New York’s “Lavern’s Law,” which extends the statute of limitations for undiagnosed cancer claims, plays a pivotal role in determining the timeliness of medical malpractice lawsuits. If you or a loved one has suffered harm due to a delayed diagnosis, consulting a Syracuse medical malpractice attorney may help you explore your legal options.
History of the Case
It is alleged that the decedent was treated by the defendant physician, an otolaryngologist, in July 2015 at a facility operated by a co-defendant healthcare entity. Reportedly, the decedent presented to the defendant physician with complaints of chronic hoarseness, leading the physician to conduct a physical examination and video scope. The defendant physician did not detect any masses or lesions suggestive of laryngeal cancer and did not recommend additional imaging or diagnostic procedures.
It is reported that the decedent was later diagnosed with laryngeal cancer, which had metastasized and ultimately led to his death. The plaintiffs, including the decedent’s administratrix, commenced a medical malpractice and wrongful death action against multiple healthcare providers, alleging that the failure to timely diagnose the decedent’s cancer contributed to his death.
Reportedly, the defendant physician moved for summary judgment, arguing that the claims were barred by the statute of limitations, as the action was filed nearly three months after the standard two-year and six-month limitations period under CPLR § 214-a had expired. The defendant further sought dismissal of the plaintiffs’ lack of informed consent claim, contending that it could not arise from an alleged failure to diagnose.
Lavern’s Law in Medical Malpractice Cases
The court examined the application of Lavern’s Law, a 2018 amendment to CPLR § 214-a, which allows plaintiffs in medical malpractice cases involving undiagnosed cancer to commence actions within two years and six months from the date they knew or reasonably should have known of the misdiagnosis and its resulting injury.
The court noted that although Lavern’s Law took effect on January 31, 2018, it included a revival provision permitting claims that became time-barred within ten months prior to the amendment’s effective date to be revived if commenced within six months thereafter.
Here, the plaintiffs filed their action on April 25, 2018, falling within the revival window. The court concluded that under Lavern’s Law’s revival rule, the plaintiffs’ action was timely, as the underlying claim became time-barred on January 28, 2018, within the permissible timeframe.
On the substantive claims, the court granted the defendant physician’s request to dismiss the lack of informed consent claim, reasoning that such a cause of action cannot be predicated solely on a failure to diagnose without an invasive procedure. However, the court found that the defendant physician met his initial burden for summary judgment on the medical malpractice and wrongful death claims by submitting an expert affidavit stating that the care provided conformed to accepted standards.
In opposition, plaintiffs presented an expert affirmation from a board-certified otolaryngologist, who opined that the defendant physician deviated from the standard of care by failing to consider laryngeal cancer in the differential diagnosis and failing to recommend further diagnostic steps. The plaintiffs’ expert emphasized that certain clinical findings, such as vocal cord asymmetry, warranted further investigation to rule out malignancy.
The court held that the plaintiffs raised triable issues of fact sufficient to defeat summary judgment on the medical malpractice and wrongful death claims. Specifically, factual disputes remained regarding whether an earlier diagnosis would have altered the decedent’s outcome.
Talk to a Capable Syracuse Medical Malpractice Attorney
Recent changes in New York law can help preserve cancer misdiagnosis claims that might otherwise be time-barred. If you or a loved one was injured due to a delayed or missed cancer diagnosis, the capable Syracuse medical malpracticeattorneys at DeFrancisco & Falgiatano Personal Injury Lawyers are available to help you pursue your legal rights. Contact us at 833-200-2000 or reach out online to schedule a consultation.