S T A T E O F N E W Y O R K
________________________________________________________________________
10719--A
I N A S S E M B L Y
June 13, 2016
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
-- read once and referred to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the civil practice law and rules, in relation to accrual
of causes of action for medical, dental and podiatric malpractice
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision (g) of section 203 of
the civil practice law and rules is designated paragraph 1 and a new
paragraph 2 is added to read as follows:
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE
PURPOSES OF SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL MUNICIPAL LAW,
SECTION TEN OF THE COURT OF CLAIMS ACT, AND THE PROVISIONS OF ANY OTHER
LAW PERTAINING TO THE COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING,
OR TO THE FILING OF A NOTICE OF CLAIM AS A CONDITION PRECEDENT TO
COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED TIME
PERIOD, THE PERIOD IN WHICH TO COMMENCE AN ACTION OR PROCEEDING OR TO
FILE SUCH NOTICE OF CLAIM FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE
SHALL NOT BEGIN TO RUN UNTIL 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 SUCH NEGLIGENT ACT OR
OMISSION HAS CAUSED AN INJURY; OR (B) THE DATE OF THE LAST TREATMENT
WHERE THERE IS CONTINUOUS TREATMENT FOR THE SAME ILLNESS, INJURY OR
CONDITION WHICH GAVE RISE TO THE ACCRUAL OF AN ACTION. HOWEVER, SUCH
ACTION SHALL COMMENCE NO LATER THAN SEVEN YEARS FROM 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 ACT, OMISSION OR FAILURE; PROVIDED, HOWEVER, THAT WHERE THE ACTION
IS BASED UPON THE DISCOVERY OF A FOREIGN OBJECT IN THE BODY OF A
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00100-19-6
A. 10719--A 2
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. An action for
medical, dental or podiatric malpractice must be commenced within two
years and six months of the ACCRUAL OF ANY SUCH ACTION. 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 SUCH NEGLIGENT ACT OR OMISSION HAS
CAUSED AN INJURY; OR (B) WITHIN TWO YEARS AND SIX MONTHS OF THE LAST
TREATMENT WHERE THERE IS CONTINUOUS TREATMENT FOR THE SAME ILLNESS,
INJURY OR CONDITION WHICH GAVE RISE TO THE ACCRUAL OF AN ACTION. HOWEV-
ER, SUCH ACTION SHALL COMMENCE NO LATER THAN SEVEN YEARS FROM 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 failure; provided, however, that
where the action is based upon the discovery 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 "continuous treatment" shall not include exam-
inations 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 prosthetic aid or device.
S 3. With regard to any person, who within two years and six months
(or in actions to which section 50-e or 50-i of the general municipal
law or section 10 of the court of claims act apply, the period applica-
ble under such sections) prior to the effective date of this act, (a)
knew or reasonably should have known of a negligent act or omission
constituting medical, dental or podiatric malpractice, and knew or
reasonably should have known that such negligent act or omission has
caused an injury, or (b) within two years and six months (or in actions
to which section 50-e or 50-i of the general municipal law or section 10
of the court of claims act apply, the period applicable under such
sections) of his or her last treatment where there was continuous treat-
ment for the same illness, injury or condition giving rise to the
accrual of a medical, dental or podiatric malpractice action; notwith-
standing any other provision of law to the contrary, such person's
action for medical, dental or podiatric malpractice shall be deemed to
accrue on the effective date of this act and shall be commenced within
two years and six months (or in actions to which section 50-e or 50-i of
the general municipal law or section 10 of the court of claims act
apply, the period applicable under such sections) of such effective
date, provided that if an action would be timely pursuant to subdivision
(a) of this section, such action must be commenced within seven years of
the act or omission referred to in subdivision (a) of this section.
Where a specific provision of law exists in any other provision of law
which is inconsistent with the provisions of this act, such provision
shall apply unless a provision of this act specifies that such provision
of this act shall apply notwithstanding any other provision of law.
S 4. This act shall take effect immediately.