senate Bill S2723

2009-2010 Legislative Session

Relates to dental, medical and podiatric malpractice actions and to establishing a limitation on noneconomic damages in personal injury actions

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to codes
Feb 27, 2009 referred to codes

Co-Sponsors

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S2723 (ACTIVE) - Details

See Assembly Version of this Bill:
A846
Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§3012-a, 3101, 5031 & 5041, add Art 50-C §§5051 & 5052, CPLR; amd §474-a, Judy L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1360
2013-2014: A321
2015-2016: A3930
2017-2018: A1742
2019-2020: A2140

S2723 (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.

S2723 (ACTIVE) - Sponsor Memo

S2723 (ACTIVE) - Bill Text download pdf

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

                                  2723

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 27, 2009
                               ___________

Introduced  by  Sens.  VOLKER,  ALESI, DeFRANCISCO, O. JOHNSON, MORAHAN,
  PADAVAN, SEWARD -- read twice and ordered printed, and when printed to
  be committed 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
AFFIDAVIT  SHALL ACCOMPANY THE CERTIFICATE REQUIRED BY THIS SECTION, and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00843-01-9

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