Bill Text: NY A01970 | 2019-2020 | General Assembly | Introduced


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 8-2)

Status: (Introduced) 2019-01-18 - referred to codes [A01970 Detail]

Download: New_York-2019-A01970-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1970
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section 1. Section 214-a of the  civil  practice  law  and  rules,  as
     2  amended by chapter 1 of the laws of 2018, is amended to read as follows:
     3    §  214-a.  Action  for  medical, dental or podiatric malpractice to be
     4  commenced within two years and six months; exceptions. 1. An action  for
     5  medical,  dental  or  podiatric malpractice must be commenced within two
     6  years and six months of the act, omission or failure  complained  of  or
     7  last treatment where there is continuous treatment for the same illness,
     8  injury  or  condition which gave rise to the said act, omission or fail-
     9  ure; provided, however, that: (a) where the action  is  based  upon  the
    10  discovery of a foreign object in the body of the patient, the action may
    11  be  commenced  within  one  year of the date of such discovery or of the
    12  date of discovery of facts which would reasonably lead to  such  discov-
    13  ery,  whichever  is  earlier; and (b) where the action is based upon the
    14  alleged negligent failure to  diagnose  cancer  or  a  malignant  tumor,
    15  whether by act or omission, the action may be commenced within two years
    16  and  six  months  of  the  later  of either (i) when the person knows or
    17  reasonably should have known of such alleged negligent act  or  omission
    18  and  knows  or  reasonably should have known that such alleged negligent
    19  act or omission has caused injury, provided, that such action  shall  be
    20  commenced  no  later than seven years from such alleged negligent act or
    21  omission, or (ii) the date of the last treatment where there is  contin-
    22  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
     1  action is based upon the infection of the patient  with  a  communicable
     2  disease  through  the reckless conduct of a health care provider includ-
     3  ing, but not limited to, the reuse of a syringe, needle or other  sharp,
     4  the  action  shall  be  commenced within two years and six months of the
     5  date upon which a patient: (i) is informed by the department  of  health
     6  that  he  or  she may have been exposed to a communicable disease by the
     7  reckless conduct of a health care provider; or  (ii)  otherwise  becomes
     8  aware of such facts as would lead a reasonable person to believe that he
     9  or she had been so exposed.
    10    2.  For  the  purpose  of this section the term "continuous treatment"
    11  shall not include examinations undertaken at the request of the  patient
    12  for  the  sole purpose of ascertaining the state of the patient's condi-
    13  tion. For the purpose of this section the term  "foreign  object"  shall
    14  not  include  a  chemical compound, fixation device or prosthetic aid or
    15  device.
    16    § 2. This act shall take effect immediately.
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