Assembly Actions -
Senate Actions - UPPERCASE
|Jan 06, 2010||
referred to codes
|May 27, 2009||
held for consideration in codes
|Jan 07, 2009||
referred to codes
Assembly Bill A846
2009-2010 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2009-A846 (ACTIVE) - Details
2009-A846 (ACTIVE) - Summary
Requires a certificate of merit in actions for damages, contribution or indemnity arising out of alleged negligence of a professional licensed pursuant to the education law; establishes a party in an action for medical, dental or podiatric malpractice may not omit the name of certain experts in responding to a request; limits judgments for past and future damages in an action to recover damages for dental, medical or podiatric malpractice; limits compensation for noneconomic damages suffered by an injured plaintiff in any personal injury action to $250,000.
2009-A846 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 846 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. HAWLEY, CALHOUN, McDONOUGH, OAKS, CROUCH, MILLER, TOBACCO, KOLB -- Multi-Sponsored by -- M. of A. BACALLES, TOWNSEND -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules and the judiciary law, in relation to dental, medical and podiatric malpractice actions and to establishing a limitation on noneconomic damages in personal injury actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 AND ACTIONS AGAINST ALL OTHER PROFESSIONALS. (a) In any action for medical, dental or podiatric malpractice, OR IN ANY ACTION FOR DAMAGES, CONTRIBUTION OR INDEMNITY ARISING OUT OF ALLEGED NEGLIGENCE OF A PROFESSIONAL SUBJECT TO THE PROVISIONS OF TITLE VIII OF THE EDUCA- TION LAW, the complaint shall be accompanied by a certificate, executed by the attorney for the plaintiff, OR OTHER PARTY ASSERTING THE CAUSE OF ACTION, 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, OR AT LEAST ONE PROFESSIONAL IN THE SAME PROFESSION AS THE PERSON OR PERSONS DEFENDANT IN THE SUBJECT SUIT IN OTHER PROFESSIONAL MALPRACTICE OR NEGLIGENCE ACTIONS AND who is licensed to practice in this state or any other state and who the attorney reasonably believes is knowledgeable 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, SUCH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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