Assembly Bill A6184

2009-2010 Legislative Session

Enacts the "medical liability reform act"; repealer

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A6184 (ACTIVE) - Details

See Senate Version of this Bill:
S6799
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§3012-a, 1600, 1601 & 3101, add Art 50-C §§5051 & 5052, rpld §3101 sub (d) ¶1 sub¶(ii), CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A4381
2013-2014: A3335
2015-2016: A5648
2017-2018: A4913
2019-2020: A4897

2009-A6184 (ACTIVE) - Summary

Enacts the "medical liability reform act"; requires attorney for plaintiff in a medical, dental or podiatric malpractice case to include with the certificate of merit, an affidavit of an appropriate medical professional licensed in this state stating that there is a reasonable basis for such malpractice action; failure to file will result in dismissal; modifies limited liability of persons jointly liable

2009-A6184 (ACTIVE) - Bill Text download pdf

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

                                  6184

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced by M. of A. SCHIMMINGER, MAGEE, REILLY, FIELDS, TOBACCO, KOLB
  --  Multi-Sponsored  by  --  M.  of A. ALESSI, BARCLAY, CROUCH, GALEF,
  HAWLEY, MILLER, QUINN, TOWNS -- read once and referred to the  Commit-
  tee on Judiciary

AN  ACT to amend the civil practice law and rules, in relation to enact-
  ing the "medical liability reform act";  and  to  repeal  subparagraph
  (ii) of paragraph 1 of subdivision (d) of section 3101 of such law and
  rules  relating  to  disclosure of expert witnesses in medical, dental
  and podiatric medical malpractice actions

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "medical liability reform act".
  S 2. Section 3012-a of the civil practice law and rules, as amended by
chapter 507 of the laws of 1987, is amended to read as follows:
  S 3012-a. Certificate of merit in medical, dental and podiatric  malp-
ractice  actions.  (a)  In  any  action for medical, dental or podiatric
malpractice, the  complaint  shall  be  accompanied  by  a  certificate,
executed by the attorney for the plaintiff, declaring that:
  (1)  the attorney has reviewed the facts of the case and has consulted
with at least one physician in medical malpractice actions, at least one
dentist in dental malpractice actions or  at  least  one  podiatrist  in
podiatric  malpractice actions who is licensed to practice in this state
[or any other state] and who the attorney reasonably believes  is  know-
ledgeable  in the relevant issues involved in the particular action, AND
WHO HAS SIGNED AN AFFIDAVIT CONCLUDING THAT THERE IS A REASONABLE  BASIS
FOR  THE COMMENCEMENT OF AN ACTION, WITH SUCH AFFIDAVIT TO ACCOMPANY THE
CERTIFICATE  REQUIRED  BY  THIS  SECTION,  and  that  the  attorney  has
concluded  on the basis of such review [and], consultation AND AFFIDAVIT
that there is a reasonable basis for the commencement of such action; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09249-01-9

              

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