Assembly Bill A4336

2009-2010 Legislative Session

Relates to the admission of hospital records into evidence

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2009-A4336 (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R4518, CPLR

2009-A4336 (ACTIVE) - Summary

Relates to the admission of duly authenticated hospital records into evidence providing such entries may be proved to affect their weight but not their admissibility.

2009-A4336 (ACTIVE) - Bill Text download pdf 

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

                                  4336

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
  Committee on Codes

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  admission of hospital records into evidence

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

  Section 1. Rule 4518 of the civil practice law and rules is amended by
adding a new subdivision (h) to read as follows:
  (H) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL  ENTRIES
MADE  IN A DULY AUTHENTICATED HOSPITAL RECORD, INCLUDING STATEMENTS MADE
BY A PLAINTIFF IN A PERSONAL INJURY ACTION AS TO THE CAUSE OF SUCH INJU-
RY, ARE ADMISSIBLE IN EVIDENCE UNDER THIS RULE  AND  ALL  OTHER  CIRCUM-
STANCES  CONCERNING  SUCH  ENTRIES MAY BE PROVED TO AFFECT THEIR WEIGHT,
BUT NOT THEIR ADMISSIBILITY.
  S 2. This act shall take effect immediately and  shall  apply  to  all
actions  that  proceed  to  trial  not  less than ninety days after such
effective date.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08115-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.