Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
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
Bill Amendments
A4627 - Details
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
Richard Gottfried
Susan John
Naomi Rivera
John McEneny
Multi-Sponsors
Steven Englebright
Joan Millman
Audrey Pheffer
A4627A - Details
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
BILL NUMBER:A4627A REPLACEMENT 5/21/10 TITLE OF BILL: 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 PURPOSE OF BILL: To amend the statute, of limitations for medical, dental or pediatric malpractice to include a discovery of injury rule. SUMMARY OF PROVISIONS OF BILL: Amends Section 214-a of the Civil Practice Law and Rules to accomplish the above purpose. JUSTIFICATION: New York's current statute of limitations as to medical malpractice is two and one half years from the date of the act, omission or failure complained of or last treatment where there is continuous treatment. It is not only the shortest negligence statute in the State of New York, except for claims against municipalities, but works undue hardship in its application and interpretation. The courts in this State have consistently interpreted the accrual of a cause of action for negligence as occurring at the time the act complained of occurred. In medical malpractice cases, arising out of a misdiagnosis or the failure to diagnose, the injury suffered by the victim of such a tort is often discovered until the well after the statute of limitation has expired.
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
Richard Gottfried
Susan John
Naomi Rivera
John McEneny
Multi-Sponsors
Steven Englebright
Joan Millman
Audrey Pheffer
A4627B (ACTIVE) - Details
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