Assembly Bill A1360

2011-2012 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 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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2011-A1360 (ACTIVE) - Details

Current Committee:
Assembly 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:
2009-2010: A846
2013-2014: A321
2015-2016: A3930
2017-2018: A1742
2019-2020: A2140
2021-2022: A5725
2023-2024: A2061

2011-A1360 (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.

2011-A1360 (ACTIVE) - Bill Text download pdf

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

                                  1360

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  HAWLEY,  CALHOUN,  McDONOUGH,  OAKS, CROUCH,
  J. MILLER, TOBACCO, KOLB, FINCH -- Multi-Sponsored  by  --  M.  of  A.
  CORWIN, GIGLIO -- 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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