Assembly Bill A5725

2021-2022 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

Archive: Last Bill Status - In Assembly Committee


  • 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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2021-A5725 (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
2019-2020: A2140
2023-2024: A2061

2021-A5725 (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.

2021-A5725 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5725
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced by M. of A. HAWLEY, McDONOUGH, SALKA -- Multi-Sponsored by --
   M.  of A.   J. M. 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.
              

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