Bill Text: NY A01535 | 2015-2016 | General Assembly | Introduced

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Bill Title: Lengthens the period of time for the filing of medical malpractice cases based upon allegations of reckless use of a syringe, needle or other sharp.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A01535 Detail]

Download: New_York-2015-A01535-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1535
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by M. of A. ZEBROWSKI, LAVINE, MOSLEY, RIVERA, OTIS, ABINAN-
         TI, RAIA, BORELLI, MONTESANO -- Multi-Sponsored by -- M. of A. ARROYO,
         BRAUNSTEIN, COOK, MOYA, ROBINSON, SALADINO, SCHIMEL -- 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:
    1    Section 1. Section 214-a of the  civil  practice  law  and  rules,  as
    2  amended  by  chapter  485  of  the  laws  of 1986, is amended to read as
    3  follows:
    4    S 214-a. Action for medical, dental or  podiatric  malpractice  to  be
    5  commenced within two years and six months; exceptions.  1. An action for
    6  medical,  dental  or  podiatric malpractice must be commenced within two
    7  years and six months of the act, omission or failure  complained  of  or
    8  last treatment where there is continuous treatment for the same illness,
    9  injury  or  condition which gave rise to the said act, omission or fail-
   10  ure; provided, however, that:
   11    (A) where the action is based upon the discovery of a  foreign  object
   12  in  the body of the patient, the action may be commenced within one year
   13  of the date of such discovery or of the date of discovery of facts which
   14  would reasonably lead to such discovery, whichever is earlier; AND
   15    (B) WHERE THE ACTION IS BASED UPON THE INFECTION OF THE PATIENT WITH A
   16  COMMUNICABLE DISEASE THROUGH THE  RECKLESS  CONDUCT  OF  A  HEALTH  CARE
   17  PROVIDER  INCLUDING,  BUT NOT LIMITED TO, THE REUSE OF A SYRINGE, NEEDLE
   18  OR OTHER SHARP, THE ACTION SHALL BE COMMENCED WITHIN TWO YEARS  AND  SIX
   19  MONTHS  OF THE DATE UPON WHICH A PATIENT: (I) IS INFORMED BY THE DEPART-
   20  MENT OF HEALTH THAT HE OR SHE MAY HAVE BEEN EXPOSED  TO  A  COMMUNICABLE
   21  DISEASE  BY  THE  RECKLESS  CONDUCT  OF  A HEALTH CARE PROVIDER; OR (II)
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00414-01-5
       A. 1535                             2
    1  OTHERWISE BECOMES AWARE OF SUCH FACTS AS WOULD LEAD A REASONABLE  PERSON
    2  TO BELIEVE THAT HE OR SHE HAD BEEN SO EXPOSED.
    3    2.  For  the  purpose  of this section the term "continuous treatment"
    4  shall not include examinations undertaken at the request of the  patient
    5  for  the  sole purpose of ascertaining the state of the patient's condi-
    6  tion. For the purpose of this section the term  "foreign  object"  shall
    7  not  include  a  chemical compound, fixation device or prosthetic aid or
    8  device.
    9    S 2. This act shall take effect immediately.