senate Bill S2531

2011-2012 Legislative Session

Establishes a penalty and cause of action for intentional destruction of medical records by a party to a medical malpractice action, or by an agent thereof

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Archive: Last Bill Status - In Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Mar 08, 2011 committee discharged and committed to judiciary
Jan 25, 2011 referred to codes

S2531 - Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง3126, CPLR
Versions Introduced in 2009-2010 Legislative Session:
A5329, S6131, A5239

S2531 - Summary

Establishes a penalty of not less than $1,000 for each intentional destruction, mutilation or significant alteration of a medical record by a party to a medical malpractice action, or by any officer, director, member, employee or agent of such party; also establishes a cause of action on behalf of any person injured as the result of such destruction, mutilation or significant alteration.

S2531 - Sponsor Memo

S2531 - Bill Text download pdf

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


                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 25, 2011

Introduced  by Sen. GIANARIS -- 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, in relation to  estab-
  lishing a penalty and cause of action for the intentional destruction,
  mutilation or significant alteration of certain medical records


  Section 1. Section 3126 of  the  civil  practice  law  and  rules,  as
amended  by  chapter  98  of  the  laws  of  1993, is amended to read as
  S 3126. Penalties for refusal to comply with  order  or  to  disclose.
(A)  If  any party, or a person who at the time a deposition is taken or
an examination or inspection is made is an  officer,  director,  member,
employee  or  agent  of  a  party  or otherwise under a party's control,
refuses to obey an order for disclosure or wilfully  fails  to  disclose
information  which the court finds ought to have been disclosed pursuant
to this article, the court may make such orders with regard to the fail-
ure or refusal as are just, among them:
  1. an order that the issues to which the information is relevant shall
be deemed resolved for purposes of the action  in  accordance  with  the
claims of the party obtaining the order; or
  2.  an  order  prohibiting  the  disobedient  party from supporting or
opposing designated claims  or  defenses,  from  producing  in  evidence
designated  things  or  items  of  testimony,  or  from  introducing any
evidence of the physical, mental or blood condition sought to be  deter-
mined, or from using certain witnesses; or
  3.  an  order  striking  out  pleadings  or  parts thereof, or staying
further proceedings until the order is obeyed, or dismissing the  action
or  any  part  thereof,  or  rendering a judgment by default against the
disobedient party.

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


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