The New York State Senate

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

                                  3339

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2017
                               ___________

Introduced  by  M.  of A. WEINSTEIN, GOTTFRIED, PERRY, JAFFEE, BRINDISI,
  ROSENTHAL,  THIELE,  PAULIN,  HOOPER,  SIMANOWITZ,  ABINANTI,  TITONE,
  LIFTON,  M. G. MILLER,  AUBRY,  JENNE,  DINOWITZ,  HYNDMAN, RODRIGUEZ,
  SEPULVEDA, SANTABARBARA -- Multi-Sponsored by -- M. of A.  BRAUNSTEIN,
  BUCHWALD,  CYMBROWITZ,  KEARNS, TITUS -- read once and referred to the
  Committee on Codes

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-
MENT  FOR  THE  SAME ILLNESS, INJURY OR CONDITION WHICH GAVE RISE TO THE
ACT, OMISSION OR FAILURE; PROVIDED, HOWEVER, THAT WHERE  THE  ACTION  IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02848-01-7

A. 3339                             2

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  DISCOV-
ERY  OR OF THE DATE OF DISCOVERY OF FACTS WHICH WOULD REASONABLY LEAD TO
SUCH DISCOVERY, WHICHEVER IS EARLIER.
  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 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 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. This act shall take effect immediately.