Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jun 25, 2015 | recommitted to rules ordered to third reading cal.1883 committee discharged and committed to rules |
Jun 13, 2015 | print number 911a |
Jun 13, 2015 | amend (t) and recommit to codes |
Jan 07, 2015 | referred to codes |
senate Bill S911A
Sponsored By
Tom Libous
(R, C, IP) 0 Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Votes
Bill Amendments
Co-Sponsors
Joseph P. Addabbo Jr
(D) 15th Senate District
George A. Amedore, Jr.
(R, C, IP) 0 Senate District
Tony Avella
(D) 0 Senate District
Phil Boyle
(R) 0 Senate District
S911 - Details
- Current Committee:
- Senate Rules
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§203 & 214-a, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2013-2014: S7130
2017-2018: S4080
S911 - Sponsor Memo
BILL NUMBER:S911 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to accrual of certain causes of action PURPOSE OF BILL: To amend the statute of limitations for medical, dental or podiatric malpractice to include a discovery of injury rule, allowing the current two and half year statute of limitations to run from the date an injured patient discovers, or should have discovered, that their injury was caused by malpractice. However, in no event shall a malpractice action be filed more than ten years after the date of the alleged malpractice. SUMMARY OF PROVISIONS OF BILL: Amends Section 214-a of the Civil Practice Law and Rules to accomplish the above purpose. JUSTIFICATION: New York's current statute of limitations as to medical malpractice is two and one half years from the date of the act, omission or failure complained of or last treatment where there is continuous treatment. It is not only the shortest negligence statute in the State of New
S911 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 911 2015-2016 Regular Sessions I N S E N A T E January 7, 2015 ___________ Introduced by Sen. LIBOUS -- 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 accrual of certain causes of action 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 SUCH ACTION OR PROCEEDING OR TO FILE SUCH NOTICE OF CLAIM 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 TEN 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. LBD00100-01-5
Co-Sponsors
Joseph P. Addabbo Jr
(D) 15th Senate District
George A. Amedore, Jr.
(R, C, IP) 0 Senate District
Tony Avella
(D) 0 Senate District
Phil Boyle
(R) 0 Senate District
S911A (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§203 & 214-a, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2013-2014: S7130
2017-2018: S4080
S911A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 911--A 2015-2016 Regular Sessions I N S E N A T E January 7, 2015 ___________ Introduced by Sens. LIBOUS, ADDABBO, AMEDORE, AVELLA, BOYLE, BRESLIN, DeFRANCISCO, DILAN, ESPAILLAT, FUNKE, GALLIVAN, GIANARIS, HAMILTON, HASSELL-THOMPSON, HOYLMAN, KENNEDY, KRUEGER, LANZA, LARKIN, LATIMER, MONTGOMERY, PANEPINTO, PARKER, PERALTA, PERKINS, RANZENHOFER, RITCHIE, ROBACH, SANDERS, SERRANO, SQUADRON, STAVISKY, VALESKY, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- 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 TEN YEARS FROM THE ACT, OMISSION OR FAILURE COMPLAINED OF OR LAST TREATMENT WHERE THERE IS CONTINUOUS TREAT- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00100-02-5
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