Bill Text: NY A01056 | 2013-2014 | General Assembly | Amended
Bill Title: Establishes the date for the accrual of certain causes of action based on negligence.
Spectrum: Strong Partisan Bill (Democrat 32-3)
Status: (Introduced - Dead) 2014-05-12 - amended on third reading (t) 1056a [A01056 Detail]
Download: New_York-2013-A01056-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1056--A Cal. No. 552 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. WEINSTEIN, GOTTFRIED, HOOPER, PAULIN, PERRY, JAFFEE, WEPRIN, GOLDFEDER, MARKEY, TITONE, MOSLEY, MOYA, BRINDISI, STIRPE, ROSENTHAL, BORELLI, BENEDETTO, STECK, LIFTON, CLARK, THIELE, ABINANTI -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, BUCHWALD, CYMBROWITZ, ENGLEBRIGHT, JACOBS, MILLMAN, RA, RAIA, SEPULVEDA, TITUS, WEISENBERG, WRIGHT -- read once and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the civil practice law and rules, in relation to accrual of certain causes of action THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The opening paragraph of subdivision (g) of section 203 of 2 the civil practice law and rules is designated paragraph 1 and a new 3 paragraph 2 is added to read as follows: 4 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE 5 PURPOSES OF SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL MUNICIPAL LAW, 6 SECTION TEN OF THE COURT OF CLAIMS ACT, AND THE PROVISIONS OF ANY OTHER 7 LAW PERTAINING TO THE COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING, 8 OR TO THE FILING OF A NOTICE OF CLAIM AS A CONDITION PRECEDENT TO 9 COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED TIME 10 PERIOD, THE PERIOD IN WHICH TO COMMENCE SUCH ACTION OR PROCEEDING OR TO 11 FILE SUCH NOTICE OF CLAIM SHALL NOT BEING TO RUN UNTIL THE LATER OF 12 EITHER: (A) WHEN ONE KNOWS OR REASONABLY SHOULD HAVE KNOWN OF THE 13 ALLEGED NEGLIGENT ACT OR OMISSION AND KNOWS OR REASONABLY SHOULD HAVE 14 KNOWN THAT SUCH NEGLIGENT ACT OR OMISSION HAS CAUSED AN INJURY; OR (B) 15 THE DATE OF THE LAST TREATMENT WHERE THERE IS CONTINUOUS TREATMENT FOR 16 THE SAME ILLNESS, INJURY OR CONDITION WHICH HAVE RISE TO THE ACCRUAL OF 17 AN ACTION. HOWEVER, SUCH ACTION SHALL COMMENCE NO LATER THAN TEN YEARS 18 FROM THE ACT, OMISSION OR FAILURE COMPLAINED OF OR LAST TREATMENT WHERE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01405-08-4 A. 1056--A 2 1 THERE IS CONTINUOUS TREATMENT FOR THE SAME ILLNESS, INJURY OR CONDITION 2 WHICH GAVE RISE TO THE ACT, OMISSION OR FAILURE; PROVIDED, HOWEVER, THAT 3 WHERE THE ACTION IS BASED UPON THE DISCOVERY OF A FOREIGN OBJECT IN THE 4 BODY OF A PATIENT, THE ACTION MAY BE COMMENCED WITHIN ONE YEAR OF THE 5 DATE OF SUCH DISCOVERY OR OF THE DATE OF DISCOVERY OF FACTS WHICH WOULD 6 REASONABLY LEAD TO SUCH DISCOVERY, WHICHEVER IS EARLIER. 7 S 2. Section 214-a of the civil practice law and rules, as amended by 8 chapter 485 of the laws of 1986, is amended to read as follows: 9 S 214-a. Action for medical, dental or podiatric malpractice to be 10 commenced within two years and six months; exceptions. An action for 11 medical, dental or podiatric malpractice must be commenced within two 12 years and six months of the ACCRUAL OF ANY SUCH ACTION. THE ACCRUAL OF 13 AN ACTION OCCURS AT THE LATER OF EITHER (A) WHEN ONE KNOWS OR REASONABLY 14 SHOULD HAVE KNOWN OF THE ALLEGED NEGLIGENT ACT OR OMISSION AND KNOWS OR 15 REASONABLY SHOULD HAVE KNOWN THAT SUCH NEGLIGENT ACT OR OMISSION HAS 16 CAUSED AN INJURY; OR (B) WITHIN TWO YEARS AND SIX MONTHS OF THE LAST 17 TREATMENT WHERE THERE IS CONTINUOUS TREATMENT FOR THE SAME ILLNESS, 18 INJURY OR CONDITION WHICH GAVE RISE TO THE ACCRUAL OF AN ACTION. HOWEV- 19 ER, SUCH ACTION SHALL COMMENCE NO LATER THAN TEN YEARS FROM THE act, 20 omission or failure complained of or last treatment where there is 21 continuous treatment for the same illness, injury or condition which 22 gave rise to the said act, omission or failure; provided, however, that 23 where the action is based upon the discovery of a foreign object in the 24 body of the patient, the action may be commenced within one year of the 25 date of such discovery or of the date of discovery of facts which would 26 reasonably lead to such discovery, whichever is earlier. For the purpose 27 of this section the term "continuous treatment" shall not include exam- 28 inations undertaken at the request of the patient for the sole purpose 29 of ascertaining the state of the patient's condition. For the purpose of 30 this section the term "foreign object" shall not include a chemical 31 compound, fixation device or prosthetic aid or device. 32 S 3. This act shall take effect immediately.