Senate Bill S6800

Signed By Governor
2017-2018 Legislative Session

Relates to accrual of causes of action for medical, dental and podiatric malpractice

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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

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2017-S6800 (ACTIVE) - Details

See Assembly Version of this Bill:
A8516
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§203 & 214-a, CPLR

2017-S6800 (ACTIVE) - Summary

Relates to accrual of causes of action for medical, dental and podiatric malpractice; relates to the time period in which to commence an action for proceedings involving negligent failure to diagnose cancer or a malignant tumor.

2017-S6800 (ACTIVE) - Sponsor Memo

2017-S6800 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6800
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 18, 2017
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- 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 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 NEGLIGENT FAILURE TO DIAGNOSE CANCER
 OR  A MALIGNANT TUMOR WHETHER BY ACT OR OMISSION AND KNOWS OR REASONABLY
 SHOULD HAVE KNOWN THAT SUCH NEGLIGENT ACT OR  OMISSION  HAS  CAUSED  THE
 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  DISCOV-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13265-01-7
              

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