senate Bill S7588A

Signed By Governor
2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 31, 2018 signed chap.1
delivered to governor
Jan 30, 2018 returned to senate
passed assembly
ordered to third reading rules cal.6
substituted for a9633a
referred to codes
delivered to assembly
passed senate
ordered to third reading cal.335
Jan 27, 2018 print number 7588a
Jan 27, 2018 amend and recommit to rules
Jan 26, 2018 referred to rules

S7588 - Details

See Assembly Version of this Bill:
A9633A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Rpld & add §203 sub (g) ¶2, amd §214-a, CPLR; rpld §3, amd §4, Chap of 2017 (as proposed in S. 6800 and A. 8516)

S7588 - Summary

Provides that where an action or claim is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, 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 time in which to commence an action or special proceeding or to file a notice of claim shall not begin to run until the later of either (i) when the person knows or reasonably should have known of such alleged negligent act or omission causing injury, provided, that such action shall be commenced no later than seven years from such alleged negligent act or omission, or (ii) the date of the last treatment where there is continuous treatment for such injury, illness or condition.

S7588 - Sponsor Memo

S7588 - Bill Text download pdf

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

                                  7588

                            I N  S E N A T E

                            January 26, 2018
                               ___________

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 certain
  negligent actions or claims; to amend a chapter of the laws  of  2017,
  amending the civil practice law and rules relating to accrual of caus-
  es  of  action  for  medical,  dental  and  podiatric  malpractice, as
  proposed in legislative bills numbers S. 6800 and A. 8516, in relation
  to the effectiveness thereof; to repeal certain provisions of a  chap-
  ter  of  the  laws  of 2017, amending the civil practice law and rules
  relating to accrual of causes of action for medical, dental and podia-
  tric malpractice, as proposed in legislative bills numbers S. 6800 and
  A.  8516, relating to certain negligent  acts  or  omissions;  and  to
  repeal certain provisions of the civil practice law and rules relating
  thereto

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

  Section 1. Paragraph 2 of subdivision (g) of section 203 of the  civil
practice  law  and  rules,  as  added  by a chapter of the laws of 2017,
amending the civil practice law and rules relating to accrual of  causes
of  action for medical, dental and podiatric malpractice, as proposed in
legislative bills numbers S.6800 and A.8516, is REPEALED and a new para-
graph 2 is added to read as follows:
  2. NOTWITHSTANDING PARAGRAPH ONE OF THIS SUBDIVISION, IN AN ACTION  OR
CLAIM  FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE, WHERE THE ACTION OR
CLAIM IS BASED UPON THE ALLEGED NEGLIGENT FAILURE TO DIAGNOSE CANCER  OR
A  MALIGNANT  TUMOR,  WHETHER  BY  ACT  OR OMISSION, 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 PERTAIN-
ING  TO  THE  COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING, OR TO THE
SERVING OF A NOTICE OF CLAIM AS A CONDITION PRECEDENT TO COMMENCEMENT OF
AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED TIME PERIOD, THE TIME
IN WHICH TO COMMENCE AN ACTION OR  SPECIAL  PROCEEDING  OR  TO  SERVE  A
NOTICE  OF  CLAIM  SHALL  NOT BEGIN TO RUN UNTIL THE LATER OF EITHER (I)
WHEN THE PERSON KNOWS OR REASONABLY SHOULD HAVE KNOWN  OF  SUCH  ALLEGED

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

S7588A (ACTIVE) - Details

See Assembly Version of this Bill:
A9633A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Rpld & add §203 sub (g) ¶2, amd §214-a, CPLR; rpld §3, amd §4, Chap of 2017 (as proposed in S. 6800 and A. 8516)

S7588A (ACTIVE) - Summary

Provides that where an action or claim is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, 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 time in which to commence an action or special proceeding or to file a notice of claim shall not begin to run until the later of either (i) when the person knows or reasonably should have known of such alleged negligent act or omission causing injury, provided, that such action shall be commenced no later than seven years from such alleged negligent act or omission, or (ii) the date of the last treatment where there is continuous treatment for such injury, illness or condition.

S7588A (ACTIVE) - Sponsor Memo

S7588A (ACTIVE) - Bill Text download pdf

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

                                 7588--A

                            I N  S E N A T E

                            January 26, 2018
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Rules  --  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 certain
  negligent  actions  or claims; to amend a chapter of the laws of 2017,
  amending the civil practice law and rules relating to accrual of caus-
  es of  action  for  medical,  dental  and  podiatric  malpractice,  as
  proposed in legislative bills numbers S. 6800 and A. 8516, in relation
  to  the effectiveness thereof; to repeal certain provisions of a chap-
  ter of the laws of 2017, amending the civil  practice  law  and  rules
  relating to accrual of causes of action for medical, dental and podia-
  tric malpractice, as proposed in legislative bills numbers S. 6800 and
  A.    8516,  relating  to  certain negligent acts or omissions; and to
  repeal certain provisions of the civil practice law and rules relating
  thereto

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

  Section  1. Paragraph 2 of subdivision (g) of section 203 of the civil
practice law and rules, as added by a  chapter  of  the  laws  of  2017,
amending  the civil practice law and rules relating to accrual of causes
of action for medical, dental and podiatric malpractice, as proposed  in
legislative bills numbers S.6800 and A.8516, is REPEALED and a new para-
graph 2 is added to read as follows:
  2.  NOTWITHSTANDING PARAGRAPH ONE OF THIS SUBDIVISION, IN AN ACTION OR
CLAIM FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE, WHERE THE ACTION  OR
CLAIM  IS BASED UPON THE ALLEGED NEGLIGENT FAILURE TO DIAGNOSE CANCER OR
A MALIGNANT TUMOR, WHETHER BY ACT  OR  OMISSION,  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 PERTAIN-
ING TO THE COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING,  OR  TO  THE
SERVING OF A NOTICE OF CLAIM AS A CONDITION PRECEDENT TO COMMENCEMENT OF
AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED TIME PERIOD, THE TIME
IN  WHICH  TO  COMMENCE  AN  ACTION  OR SPECIAL PROCEEDING OR TO SERVE A

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

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