S T A T E O F N E W Y O R K
________________________________________________________________________
1970
2019-2020 Regular Sessions
I N A S S E M B L Y
January 18, 2019
___________
Introduced by M. of A. ZEBROWSKI, MOSLEY, RIVERA, OTIS, ABINANTI, RAIA,
MONTESANO -- Multi-Sponsored by -- M. of A. ARROYO, BRAUNSTEIN, COOK
-- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to length-
ening the period of time for the filing of medical malpractice cases
based upon allegations of reckless use of a syringe, needle or other
sharp
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 214-a of the civil practice law and rules, as
amended by chapter 1 of the laws of 2018, is amended to read as follows:
§ 214-a. Action for medical, dental or podiatric malpractice to be
commenced within two years and six months; exceptions. 1. An action for
medical, dental or podiatric malpractice must be commenced within two
years and six months of 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 fail-
ure; provided, however, that: (a) 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 discov-
ery, whichever is earlier; and (b) where the action is based upon the
alleged negligent failure to diagnose cancer or a malignant tumor,
whether by act or omission, the action may be commenced within two years
and six months of the later of either (i) when the person knows or
reasonably should have known of such alleged negligent act or omission
and knows or reasonably should have known that such alleged negligent
act or omission has caused 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 contin-
uous treatment for such injury, illness or condition; AND (C) WHERE THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01556-01-9
A. 1970 2
ACTION IS BASED UPON THE INFECTION OF THE PATIENT WITH A COMMUNICABLE
DISEASE THROUGH THE RECKLESS CONDUCT OF A HEALTH CARE PROVIDER INCLUD-
ING, BUT NOT LIMITED TO, THE REUSE OF A SYRINGE, NEEDLE OR OTHER SHARP,
THE ACTION SHALL BE COMMENCED WITHIN TWO YEARS AND SIX MONTHS OF THE
DATE UPON WHICH A PATIENT: (I) IS INFORMED BY THE DEPARTMENT OF HEALTH
THAT HE OR SHE MAY HAVE BEEN EXPOSED TO A COMMUNICABLE DISEASE BY THE
RECKLESS CONDUCT OF A HEALTH CARE PROVIDER; OR (II) OTHERWISE BECOMES
AWARE OF SUCH FACTS AS WOULD LEAD A REASONABLE PERSON TO BELIEVE THAT HE
OR SHE HAD BEEN SO EXPOSED.
2. For the purpose of this section the term "continuous treatment"
shall not include examinations undertaken at the request of the patient
for the sole purpose of ascertaining the state of the patient's condi-
tion. For the purpose of this section the term "foreign object" shall
not include a chemical compound, fixation device or prosthetic aid or
device.
§ 2. This act shall take effect immediately.