senate Bill S2279

2011-2012 Legislative Session

Relates to limiting the amount of awards in medical malpractice lawsuits

download bill text pdf

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
Mar 08, 2011 committee discharged and committed to judiciary
Jan 18, 2011 referred to codes

S2279 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 50-C §§5051 & 5052, CPLR; add §5518, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S223

S2279 (ACTIVE) - Summary

Relates to limiting the amount of awards in medical malpractice lawsuits; limits such awards to the amount of malpractice insurance held by the defendant; establishes the excess medical malpractice liability fund.

S2279 (ACTIVE) - Sponsor Memo

S2279 (ACTIVE) - Bill Text download pdf

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

                                  2279

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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 amount of awards in medical malpractice lawsuits; and to amend
  the  insurance  law,  in  relation  to establishing the excess medical
  malpractice liability fund

  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 50-C to read as follows:
                              ARTICLE 50-C
       LIMITATION ON DAMAGE AWARDS IN MEDICAL MALPRACTICE LAWSUITS
SECTION 5051. DEFINITIONS.
        5052. LIMITATION ON DAMAGE AWARDS.
  S 5051. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "NONECONOMIC DAMAGES" MEANS NONPECUNIARY DAMAGES ARISING FROM PAIN,
SUFFERING,  INCONVENIENCE,  PHYSICAL IMPAIRMENT OR DISFIGUREMENT, MENTAL
ANGUISH, EMOTIONAL DISTRESS, LOSS OF SOCIETY AND COMPANIONSHIP, LOSS  OF
CONSORTIUM, INJURY TO REPUTATION, HUMILIATION AND ALL OTHER NONPECUNIARY
DAMAGES.
  2.  "ACTUAL  ECONOMIC  DAMAGES" MEANS OBJECTIVELY VERIFIABLE PECUNIARY
DAMAGES ARISING FROM MEDICAL EXPENSES AND MEDICAL CARE, LOSS OF EARNINGS
AND EARNING CAPACITY, BURIAL COSTS, LOSS OF USE  OF  PROPERTY,  LOSS  OF
GUIDANCE, COSTS OF REPAIR OR REPLACEMENT OF PROPERTY, COSTS OF OBTAINING
SUBSTITUTE  DOMESTIC  SERVICES,  LOSS OF EMPLOYMENT, LOSS OF BUSINESS OR
EMPLOYMENT OPPORTUNITIES, REHABILITATION SERVICES,  CUSTODIAL  CARE  AND
ALL OTHER PECUNIARY DAMAGES.
  3.  "PERSONAL  INJURY  ACTION"  MEANS  ANY ACTION, INCLUDING BUT IN NO
MANNER LIMITED TO MEDICAL, DENTAL  AND  PODIATRIC  MALPRACTICE  ACTIONS,
WHETHER  IN  TORT,  CONTRACT  OR OTHERWISE, IN WHICH THE PLAINTIFF SEEKS
DAMAGES FOR INJURY TO THE PERSON OR WRONGFUL DEATH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07268-01-1

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