senate Bill S637

2011-2012 Legislative Session

Provides that the liability of obstetricians and gynecologists be limited in certain cases and establishes the impaired infant compensation fund

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Your valid home address is used to determine which NY State Senator Represents you.
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

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 05, 2011 referred to codes

S637 - Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 75-B §§7580 - 7584, CPLR; add §84-b, St Fin L; add Art 5 Title 11-E §§369-ll - 369-oo, Soc Serv L; amd §§2995-a & 230, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S2744

S637 - Summary

Provides that the personal liability of obstetricians and gynecologists for non-economic and actual economic loss be limited in certain cases to 250,000 dollars; establishes impaired infant compensation fund to pay for loss above 250,000 dollars in some cases; provides for payment of medical and other expenses of an "impaired infant".

S637 - Sponsor Memo

S637 - Bill Text download pdf

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

                                   637

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  limit-
  ing the personal liability of obstetricians-gynecologists and midwives
  in  certain  cases, the qualifications of expert witnesses who testify
  in personal injury actions against such professionals, and the  appeal
  of  verdicts  rendered  therein;  to  amend  the state finance law, in
  relation to establishing the impaired  infant  compensation  fund;  to
  amend  the  social  services  law,  in  relation to the eligibility of
  impaired infants for the cost of medical assistance; and to amend  the
  public  health  law, in relation to professional misconduct and physi-
  cian profiles

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

  Section 1. The civil practice law and rules is amended by adding a new
article 75-B to read as follows:

                              ARTICLE 75-B
       LIABILITY FOR DAMAGES IN MEDICAL MALPRACTICE ACTIONS AGAINST
                       OBSTETRICIANS-GYNECOLOGISTS
                              AND MIDWIVES

SECTION 7580. DEFINITIONS.
        7581. APPLICABILITY.
        7582. LIMITATION ON LIABILITY.
        7583. SETTLEMENT PROCEEDINGS.
        7584. INSTRUCTIONS TO JURY.

  S 7580. DEFINITIONS. AS USED IN THIS ARTICLE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04200-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.