senate Bill S6800

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

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.
Use this box to enter a message to your senator.

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2017 returned to senate
passed assembly
ordered to third reading rules cal.689
substituted for a8516
referred to codes
delivered to assembly
passed senate
ordered to third reading cal.2146
Jun 18, 2017 referred to rules

Co-Sponsors

S6800 - Details

See Assembly Version of this Bill:
A8516
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยงยง203 & 214-a, CPLR

S6800 - 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.

S6800 - Sponsor Memo

S6800 - 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

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.