assembly Bill A4627B

2009-2010 Legislative Session

Alters the statute of limitations for medical, dental or podiatric malpractice

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 14, 2010 print number 4627b
Jun 14, 2010 amend and recommit to codes
Jan 06, 2010 referred to codes
Jun 22, 2009 reported referred to rules
Feb 20, 2009 print number 4627a
Feb 20, 2009 amend (t) and recommit to codes
Feb 05, 2009 referred to codes

A4627 - Details

See Senate Version of this Bill:
S1729
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §214-a, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A4852, S5242
2013-2014: A1056, S744
2015-2016: A285
2017-2018: A3339

A4627 - Summary

Alters the statute of limitations for medical, dental or podiatric malpractice to two years and six months from the time when a person knows or reasonably should have known of the alleged negligent act or omission and knows or reasonably should have known that such negligent act or omission has caused an injury.

A4627 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4627

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of A. WEINSTEIN, GOTTFRIED, JOHN, N. RIVERA, GREENE,
  McENENY, POWELL, HOOPER, KOON, PAULIN, PERALTA, CAHILL --  Multi-Spon-
  sored  by -- M. of A. BING, MILLMAN, PHEFFER -- read once and referred
  to the Committee on Codes

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  limitations  of  time  within  which  an action for medical, dental or
  podiatric malpractice accrues; and providing for one year  revival  of
  previously dismissed actions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 214-a of the  civil  practice  law  and  rules,  as
amended  by  chapter  485  of  the  laws  of 1986, is amended to read as
follows:
  S 214-a. Action for medical, dental or  podiatric  malpractice  to  be
commenced  within  two  years and six months; exceptions.  An action for
medical, dental or podiatric malpractice must be  commenced  within  two
years  and  six months of the [act, omission or failure complained of or
last treatment where there is continuous treatment for the same illness,
injury or condition which gave rise to the said act, omission  or  fail-
ure;  provided, however, that where the action is based upon the discov-
ery of a foreign object in the body of the patient, the  action  may  be
commenced  within  one year of the date of such discovery or of the date
of discovery of facts which would reasonably  lead  to  such  discovery,
whichever is earlier.  For the purpose of this section the term "contin-
uous treatment" shall not include examinations undertaken at the request
of  the  patient  for  the sole purpose of ascertaining the state of the
patient's condition.  For the purpose of this section the term  "foreign
object"  shall not include a chemical compound, fixation device or pros-
thetic aid or device] ACCRUAL OF ANY SUCH ACTION. FOR PURPOSES  OF  THIS
SECTION,  THE  ACCRUAL  OF AN ACTION OCCURS WHEN ONE KNOWS OR REASONABLY
SHOULD HAVE KNOWN OF THE ALLEGED NEGLIGENT ACT OR OMISSION AND KNOWS  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06404-02-9

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A4627A - Details

See Senate Version of this Bill:
S1729
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §214-a, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A4852, S5242
2013-2014: A1056, S744
2015-2016: A285
2017-2018: A3339

A4627A - Summary

Alters the statute of limitations for medical, dental or podiatric malpractice to two years and six months from the time when a person knows or reasonably should have known of the alleged negligent act or omission and knows or reasonably should have known that such negligent act or omission has caused an injury.

A4627A - Sponsor Memo

A4627A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4627--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of A. WEINSTEIN, GOTTFRIED, JOHN, N. RIVERA, GREENE,
  McENENY, POWELL, HOOPER, PAULIN, PERALTA, CAHILL -- Multi-Sponsored by
  -- M. of A. BING, MILLMAN, PHEFFER -- read once and  referred  to  the
  Committee  on  Codes  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  limitations  of  time  within  which  an action for medical, dental or
  podiatric malpractice accrues

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  214-a  of  the  civil practice law and rules, as
amended by chapter 485 of the laws  of  1986,  is  amended  to  read  as
follows:
  S  214-a.  Action  for  medical, dental or podiatric malpractice to be
commenced within two years and six months; exceptions.   An  action  for
medical,  dental  or  podiatric malpractice must be commenced within two
years and six months of the [act, omission or failure complained  of  or
last treatment where there is continuous treatment for the same illness,
injury  or  condition which gave rise to the said act, omission or fail-
ure; provided, however, that where the action is based upon the  discov-
ery  of  a  foreign object in the body of the patient, the action may be
commenced within one year of the date of such discovery or of  the  date
of  discovery  of  facts  which would reasonably lead to such discovery,
whichever is earlier.  For the purpose of this section the term "contin-
uous treatment" shall not include examinations undertaken at the request
of the patient for the sole purpose of ascertaining  the  state  of  the
patient's  condition.  For the purpose of this section the term "foreign
object" shall not include a chemical compound, fixation device or  pros-
thetic  aid  or device] ACCRUAL OF ANY SUCH ACTION. FOR PURPOSES OF THIS
SECTION, THE ACCRUAL OF AN ACTION OCCURS WHEN ONE  KNOWS  OR  REASONABLY
SHOULD  HAVE KNOWN OF THE ALLEGED NEGLIGENT ACT OR OMISSION AND KNOWS OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06404-03-9

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A4627B (ACTIVE) - Details

See Senate Version of this Bill:
S1729
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §214-a, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A4852, S5242
2013-2014: A1056, S744
2015-2016: A285
2017-2018: A3339

A4627B (ACTIVE) - Summary

Alters the statute of limitations for medical, dental or podiatric malpractice to two years and six months from the time when a person knows or reasonably should have known of the alleged negligent act or omission and knows or reasonably should have known that such negligent act or omission has caused an injury.

A4627B (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4627--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M. of A. WEINSTEIN, GOTTFRIED, JOHN, N. RIVERA, McENENY,
  POWELL, HOOPER, PAULIN,  CAHILL,  PERRY,  JAFFEE,  STIRPE,  D. WEPRIN,
  CUSICK -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, MILLMAN, PHEFFER
  --  read  once  and  referred  to  the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Codes in  accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  limitations of time within which an  action  for  medical,  dental  or
  podiatric malpractice accrues

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 214-a of the  civil  practice  law  and  rules,  as
amended  by  chapter  485  of  the  laws  of 1986, is amended to read as
follows:
  S 214-a. Action for medical, dental or  podiatric  malpractice  to  be
commenced  within  two  years and six months; exceptions.  An action for
medical, dental or podiatric malpractice must be  commenced  within  two
years  and  six months of the [act, omission or failure complained of or
last treatment where there is continuous treatment for the same illness,
injury or condition which gave rise to the said act, omission  or  fail-
ure;  provided, however, that where the action is based upon the discov-
ery of a foreign object in the body of the patient, the  action  may  be
commenced  within  one year of the date of such discovery or of the date
of discovery of facts which would reasonably  lead  to  such  discovery,
whichever is earlier.  For the purpose of this section the term "contin-
uous treatment" shall not include examinations undertaken at the request
of  the  patient  for  the sole purpose of ascertaining the state of the
patient's condition.  For the purpose of this section the term  "foreign

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06404-08-0

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