senate Bill S744

2013-2014 Legislative Session

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

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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2013 referred to judiciary

Co-Sponsors

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S744 - Details

See Assembly Version of this Bill:
A1056
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §214-a, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5242, A4852
2009-2010: A4627B, S1729A

S744 - 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.

S744 - Sponsor Memo

S744 - Bill Text download pdf

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

                                   744

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

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

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