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

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Archive: Last Bill Status - In Senate Committee Judiciary 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-S637 (ACTIVE) - Details

Current Committee:
Senate Judiciary
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

2011-S637 (ACTIVE) - 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".

2011-S637 (ACTIVE) - Sponsor Memo

2011-S637 (ACTIVE) - 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
              

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