Delayed diagnosis of cancer can mean the difference between successful treatment and terminal illness. New York’s Lavern’s Law specifically addresses this:
- The statute of limitations begins when you discover (or reasonably should discover) both the correct diagnosis and that earlier negligence caused harm
- You must file within 2.5 years of discovery
- An absolute outer limit of 7 years from the negligent act applies, even if you haven’t yet discovered the error
- The law applies only to cancer and malignant tumors, and only to negligent acts occurring after January 31, 2018
If you received a cancer diagnosis after previously being told you were healthy, or if delayed treatment allowed your cancer to progress, you may have grounds for a claim.