senate Bill S5242

2011-2012 Legislative Session

Alters the statute of limitations for medical, dental or podiatric malpractice

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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 04, 2012 referred to judiciary
May 03, 2011 referred to judiciary

Co-Sponsors

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S5242 (ACTIVE) - Details

See Assembly Version of this Bill:
A4852
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §214-a, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S1729, A4627
2013-2014: S744, A1056
2015-2016: A285
2017-2018: A3339

S5242 (ACTIVE) - Summary

Alters the statute of limitations for medical, dental or podiatric malpractice to two years and six months from the time when a person knows or reasonably should have known of the alleged negligent act or omission and knows or reasonably should have known that such negligent act or omission has caused an injury.

S5242 (ACTIVE) - Sponsor Memo

S5242 (ACTIVE) - Bill Text download pdf

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

                                  5242

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  limitations of time within which an  action  for  medical,  dental  or
  podiatric malpractice accrues

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

  Section 1. Section 214-a of the  civil  practice  law  and  rules,  as
amended  by  chapter  485  of  the  laws  of 1986, is amended to read as
follows:
  S 214-a. Action for medical, dental or  podiatric  malpractice  to  be
commenced  within  two  years and six months; exceptions.  An action for
medical, dental or podiatric malpractice must be  commenced  within  two
years  and  six months of the [act, omission or failure complained of or
last treatment where there is continuous treatment for the same illness,
injury or condition which gave rise to the said act, omission  or  fail-
ure;  provided, however, that where the action is based upon the discov-
ery of a foreign object in the body of the patient, the  action  may  be
commenced  within  one year of the date of such discovery or of the date
of discovery of facts which would reasonably  lead  to  such  discovery,
whichever is earlier.  For the purpose of this section the term "contin-
uous treatment" shall not include examinations undertaken at the request
of  the  patient  for  the sole purpose of ascertaining the state of the
patient's condition.  For the purpose of this section the term  "foreign
object"  shall not include a chemical compound, fixation device or pros-
thetic aid or device] ACCRUAL OF ANY SUCH ACTION. FOR PURPOSES  OF  THIS
SECTION, THE ACCRUAL OF AN ACTION OCCURS AT THE LATER OF EITHER (A) WHEN
ONE  KNOWS  OR REASONABLY SHOULD HAVE KNOWN OF THE ALLEGED NEGLIGENT ACT
OR OMISSION AND KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT  SAID  NEGLI-
GENT  ACT  HAS CAUSED AN INJURY; OR, (B) WITHIN TWO YEARS AND SIX MONTHS
OF THE LAST TREATMENT WHERE THERE IS CONTINUOUS TREATMENT FOR  THE  SAME
ILLNESS,  INJURY  OR  CONDITION  WHICH  GAVE  RISE  TO THE ACCRUAL OF AN
ACTION.
  S 2. This act shall take effect immediately.

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