assembly Bill A2140

2019-2020 Legislative Session

Relates to dental, medical and podiatric malpractice actions and to establishing a limitation on noneconomic damages in personal injury actions

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

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.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 22, 2019 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A2140 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§3012-a, 3101, 5031 & 5041, add Art 50-C §§5051 & 5052, CPLR; amd §474-a, Judy L
Versions Introduced in Other Legislative Sessions:
2009-2010: A846
2011-2012: A1360
2013-2014: A321
2015-2016: A3930
2017-2018: A1742

A2140 (ACTIVE) - Summary

Requires a certificate of merit in actions for damages, contribution or indemnity arising out of alleged negligence of a professional licensed pursuant to the education law; establishes a party in an action for medical, dental or podiatric malpractice may not omit the name of certain experts in responding to a request; limits judgments for past and future damages in an action to recover damages for dental, medical or podiatric malpractice; limits compensation for noneconomic damages suffered by an injured plaintiff in any personal injury action to $250,000.

A2140 (ACTIVE) - Bill Text download pdf


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

                                  2140

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2019
                               ___________

Introduced  by M. of A. HAWLEY, McDONOUGH, CROUCH, KOLB, FINCH -- Multi-
  Sponsored by -- M. of A. GIGLIO --  read  once  and  referred  to  the
  Committee on Codes

AN  ACT to amend the civil practice law and rules and the judiciary law,
  in relation to dental, medical and podiatric malpractice  actions  and
  to establishing a limitation on noneconomic damages in personal injury
  actions

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

  Section 1. Section 3012-a of the civil  practice  law   and rules,  as
amended  by  chapter  507  of  the  laws  of 1987, is amended to read as
follows:
  § 3012-a. Certificate of merit in medical, dental and  podiatric malp-
ractice  actions AND ACTIONS AGAINST ALL OTHER PROFESSIONALS. (a) In any
action  for medical, dental or podiatric malpractice, OR IN  ANY  ACTION
FOR DAMAGES, CONTRIBUTION OR INDEMNITY ARISING OUT OF ALLEGED NEGLIGENCE
OF  A PROFESSIONAL SUBJECT TO THE PROVISIONS OF TITLE VIII OF THE EDUCA-
TION LAW, the complaint shall be accompanied by a certificate,  executed
by the  attorney  for  the plaintiff, OR OTHER PARTY ASSERTING THE CAUSE
OF ACTION, declaring that:
  (1)  the attorney has reviewed the facts of the case and has consulted
with at least one physician in medical malpractice actions, at least one
dentist in dental malpractice actions [or], at least one  podiatrist  in
podiatric  malpractice actions, OR AT LEAST ONE PROFESSIONAL IN THE SAME
PROFESSION AS THE PERSON OR PERSONS DEFENDANT IN  THE  SUBJECT  SUIT  IN
OTHER PROFESSIONAL MALPRACTICE OR NEGLIGENCE ACTIONS AND who is licensed
to  practice  in  this  state  or  any  other state and who the attorney
reasonably believes is knowledgeable in the  relevant issues involved in
the particular action, AND WHO HAS SIGNED AN AFFIDAVIT  CONCLUDING  THAT
THERE  IS  A  REASONABLE  BASIS  FOR THE COMMENCEMENT OF AN ACTION, SUCH
AFFIDAVIT SHALL ACCOMPANY THE CERTIFICATE REQUIRED BY THIS SECTION,  and

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

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.