Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to judiciary |
Jun 12, 2015 |
referred to rules |
Senate Bill S5940
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
2015-S5940 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add Art 50-C §§5051 & 5052, rpld §5031 sub (c), amd §§5031 & 5034, CPLR
- Versions Introduced in 2017-2018 Legislative Session:
-
S6781
2015-S5940 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5940 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to awards of damages in medical, dental and podiatric malpractice causes of action, and future economic and pecuniary damages for birth related neurological injuries; and to repeal subdivision (c) of section 5031 of such law and rules relating to awards of damages for future pain and suffering PURPOSE: To place a cap on non-economic damages awarded in medical, dental and podiatric malpractice cases. SUMMARY OF PROVISIONS: Section one adds a new article 50-C to the Civil Practice Law and Rules (CPLR) entitled "Damage Awards" to place a limitation on non-economic damages. Section 2 of the bill repeals subdivision c of section .5031 of the CPLR Section 3 and 4 of the bill excludes actions subject to title four of article 29-D of the Public Health Law also known as the Medical Indemnity Fund in addition to the existing exclusion of future economic and pecuniary damages and makes some technical changes.
2015-S5940 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5940 2015-2016 Regular Sessions I N S E N A T E June 12, 2015 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the civil practice law and rules, in relation to awards of damages in medical, dental and podiatric malpractice causes of action, and future economic and pecuniary damages for birth related neurological injuries; and to repeal subdivision (c) of section 5031 of such law and rules relating to awards of damages for future pain and suffering 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 DAMAGE AWARDS SECTION 5051. DEFINITION. 5052. DAMAGE AWARDS. S 5051. DEFINITION. AS USED IN THIS ARTICLE, "NONECONOMIC DAMAGES" MEANS NONPECUNIARY DAMAGES ARISING FROM PAIN AND SUFFERING, LOSS OF SERVICES, LOSS OF CONSORTIUM, OR OTHER NONPECUNIARY DAMAGES. S 5052. DAMAGE AWARDS. IN ANY MEDICAL, DENTAL, OR PODIATRIC MALPRAC- TICE ACTION, THE PREVAILING PLAINTIFF MAY BE AWARDED: (A) ECONOMIC AND PECUNIARY DAMAGES; AND (B) NONECONOMIC DAMAGES SUFFERED BY THE INJURED PLAINTIFF NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT SUCH LIMITATION SHALL BE ADJUSTED IN ACCORDANCE WITH THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U), AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS. S 2. Subdivision (c) of section 5031 of the civil practice law and rules is REPEALED and subdivisions (d), (e), (f), (g) and (h) are relet- tered subdivisions (c), (d), (e), (f) and (g). EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11637-01-5
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