|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 09, 2013||referred to judiciary|
senate Bill S578
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S578 - Details
S578 - Summary
Requires general hospital which submits an incident report to the department of health to simultaneously provide a copy of such report to the affected patients and/ or their legal representatives; stays the statute of limitations for medical, dental and podiatric malpractice causes of action until one year after an incident report is submitted.
S578 - Sponsor Memo
BILL NUMBER:S578 TITLE OF BILL: An act to amend the civil practice law and rules and the public health law, in relation to the provision of hospital incident reports to the affected patients or their representatives PURPOSE: This bill would provide extend the statute of limitations in medical, dental or podiatric malpractice actions against a hospital where the hospital has violated section 2805-1 of the public health law by failing to file an incident report as mandated by that section. It also requires such reports to be sent to the patient and their representative. SUMMARY OF PROVISIONS: Section 2 - tolls the statute of limitations in a medical, dental or podiatric malpractice action so that where there is a failure by a hospital to file an incident report as mandated by the public health law, a plaintiff has a year from the date of filing of such report in which to commence an action. In addition, it tolls the statute limitations in a medical, dental or podiatric malpractice action so that where an action is time-barred against an individual health care service provider, an action may
S578 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 578 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. GIANARIS -- 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 and the public health law, in relation to the provision of hospital incident reports to the affected patients or their representatives THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "patient sunlight act". S 2. 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. 1. 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]. 2. (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, AN ACTION FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE NEED NOT BE COMMENCED WITHIN TWO YEARS AND SIX MONTHS OF THE ACT, OMISSION OR FAILURE COMPLAINED OF OR LAST TREATMENT WHERE THERE IS CONTINUOUS TREAT- MENT FOR THE SAME ILLNESS, INJURY OR CONDITION WHICH GAVE RISE TO SAID ACT, OMISSION OR FAILURE, IF THE DEFENDANT IS A GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, AND HAS FAILED TO FILE AN INCIDENT REPORT, AS REQUIRED BY SECTION TWENTY-EIGHT HUNDRED FIVE-L OF SUCH LAW, IN CONNECTION WITH THE INCIDENT THAT IS THE SUBJECT OF THE MALPRACTICE ACTION. IN SUCH CASE, THE ACTION MAY BE COMMENCED WITHIN ONE YEAR OF THE DATE SUCH INCIDENT REPORT IS FILED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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