assembly Bill A1742

2017-2018 Legislative Session

Relates to dental, medical and podiatric malpractice actions and to establishing a limitation on noneconomic damages in personal injury actions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2018 held for consideration in codes
Jan 03, 2018 referred to codes
Jan 12, 2017 referred to codes

Co-Sponsors

Multi-Sponsors

A1742 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§3012-a, 3101, 5031 & 5041, add Art 50-C §§5051 & 5052, CPLR; amd §474-a, Judy L
Versions Introduced in Other Legislative Sessions:
2009-2010: A846
2011-2012: A1360
2013-2014: A321
2015-2016: A3930
2019-2020: A2140

A1742 (ACTIVE) - Summary

Requires a certificate of merit in actions for damages, contribution or indemnity arising out of alleged negligence of a professional licensed pursuant to the education law; establishes a party in an action for medical, dental or podiatric malpractice may not omit the name of certain experts in responding to a request; limits judgments for past and future damages in an action to recover damages for dental, medical or podiatric malpractice; limits compensation for noneconomic damages suffered by an injured plaintiff in any personal injury action to $250,000.

A1742 (ACTIVE) - Bill Text download pdf


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

                                  1742

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2017
                               ___________

Introduced  by  M. of A. HAWLEY, McDONOUGH, OAKS, CROUCH, KOLB, FINCH --
  Multi-Sponsored by -- M. of A. GIGLIO -- read once and referred to the
  Committee on Codes

AN ACT to amend the civil practice law and rules and the judiciary  law,
  in  relation  to dental, medical and podiatric malpractice actions and
  to establishing a limitation on noneconomic damages in personal injury
  actions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 3012-a of the civil  practice  law  and rules, as
amended  by  chapter  507  of  the  laws  of 1987, is amended to read as
follows:
  § 3012-a. Certificate of merit in medical, dental and  podiatric malp-
ractice actions AND ACTIONS AGAINST ALL OTHER PROFESSIONALS. (a) In  any
action    for medical, dental or podiatric malpractice, OR IN ANY ACTION
FOR DAMAGES, CONTRIBUTION OR INDEMNITY ARISING OUT OF ALLEGED NEGLIGENCE
OF A PROFESSIONAL SUBJECT TO THE PROVISIONS OF TITLE VIII OF THE  EDUCA-
TION  LAW, the complaint shall be accompanied by a certificate, executed
by the  attorney  for  the plaintiff, OR OTHER PARTY ASSERTING THE CAUSE
OF ACTION, declaring that:
  (1) the attorney has reviewed the facts of the case and has  consulted
with at least one physician in medical malpractice actions, at least one
dentist  in  dental malpractice actions [or], at least one podiatrist in
podiatric malpractice actions, OR AT LEAST ONE PROFESSIONAL IN THE  SAME
PROFESSION  AS  THE  PERSON  OR PERSONS DEFENDANT IN THE SUBJECT SUIT IN
OTHER PROFESSIONAL MALPRACTICE OR NEGLIGENCE ACTIONS AND who is licensed
to practice in this state or  any  other  state  and  who  the  attorney
reasonably believes is knowledgeable in the  relevant issues involved in
the  particular  action, AND WHO HAS SIGNED AN AFFIDAVIT CONCLUDING THAT
THERE IS A REASONABLE BASIS FOR THE  COMMENCEMENT  OF  AN  ACTION,  SUCH
AFFIDAVIT  SHALL ACCOMPANY THE CERTIFICATE REQUIRED BY THIS SECTION, and

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.