Assembly Bill A5239

2009-2010 Legislative Session

Establishes a penalty and cause of action for intentional destruction of medical records by a party to a medical malpractice action, or by an agent thereof

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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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2009-A5239 (ACTIVE) - Details

See Senate Version of this Bill:
S6131
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง3126, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A4868, S2531
2013-2014: S600
2015-2016: S2474
2017-2018: S3132
2019-2020: S293
2021-2022: S163
2023-2024: S152

2009-A5239 (ACTIVE) - Summary

Establishes a penalty of not less than $1,000 for each intentional destruction, mutilation or significant alteration of a medical record by a party to a medical malpractice action, or by any officer, director, member, employee or agent of such party; also establishes a cause of action on behalf of any person injured as the result of such destruction, mutilation or significant alteration.

2009-A5239 (ACTIVE) - Bill Text download pdf

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

                                  5239

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by  M.  of  A.  GIANARIS, CANESTRARI, MAYERSOHN, CYMBROWITZ,
  ORTIZ, CUSICK, MARKEY, ESPAILLAT, TITONE -- Multi-Sponsored by  --  M.
  of  A.  BOYLAND,  BRENNAN,  BRODSKY,  COLTON,  FARRELL, GALEF, HIKIND,
  V. LOPEZ, McENENY, PERALTA, PHEFFER, TOWNS, WEISENBERG  --  read  once
  and referred to the Committee on Codes

AN  ACT to amend the civil practice law and rules, in relation to estab-
  lishing a penalty and cause of action for the intentional destruction,
  mutilation or significant alteration of certain medical records

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

  Section  1.  Section  3126  of  the  civil  practice law and rules, as
amended by chapter 98 of the  laws  of  1993,  is  amended  to  read  as
follows:
  S  3126.  Penalties  for  refusal to comply with order or to disclose.
(A) If any party, or a person who at the time a deposition is  taken  or
an  examination  or  inspection is made is an officer, director, member,
employee or agent of a party  or  otherwise  under  a  party's  control,
refuses  to  obey  an order for disclosure or wilfully fails to disclose
information which the court finds ought to have been disclosed  pursuant
to this article, the court may make such orders with regard to the fail-
ure or refusal as are just, among them:
  1. an order that the issues to which the information is relevant shall
be  deemed  resolved  for  purposes of the action in accordance with the
claims of the party obtaining the order; or
  2. an order prohibiting  the  disobedient  party  from  supporting  or
opposing  designated  claims  or  defenses,  from  producing in evidence
designated things  or  items  of  testimony,  or  from  introducing  any
evidence  of the physical, mental or blood condition sought to be deter-
mined, or from using certain witnesses; or
  3. an order striking  out  pleadings  or  parts  thereof,  or  staying
further  proceedings until the order is obeyed, or dismissing the action

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05742-01-9
              

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