Assembly Bill A4852

2011-2012 Legislative Session

Alters the statute of limitations for medical, dental or podiatric malpractice

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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2011-A4852 (ACTIVE) - Details

See Senate Version of this Bill:
S5242
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง214-a, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A4627, S1729
2013-2014: A1056, S744
2015-2016: A285
2017-2018: A3339

2011-A4852 (ACTIVE) - Summary

Alters the statute of limitations for medical, dental or podiatric malpractice to two years and six months from the time when a person knows or reasonably should have known of the alleged negligent act or omission and knows or reasonably should have known that such negligent act or omission has caused an injury.

2011-A4852 (ACTIVE) - Bill Text download pdf 

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

                                  4852

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2011
                               ___________

Introduced by M. of A. WEINSTEIN, GOTTFRIED, N. RIVERA, McENENY, HOOPER,
  PAULIN, CAHILL, PERRY, JAFFEE, WEPRIN, CUSICK -- Multi-Sponsored by --
  M.  of  A.  ENGLEBRIGHT, MILLMAN, PHEFFER -- read once and referred to
  the Committee on Codes

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  limitations  of  time  within  which  an action for medical, dental or
  podiatric malpractice accrues

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

  Section  1.  Section  214-a  of  the  civil practice law and rules, as
amended by chapter 485 of the laws  of  1986,  is  amended  to  read  as
follows:
  S  214-a.  Action  for  medical, dental or podiatric malpractice to be
commenced within two years and six months; exceptions.   An  action  for
medical,  dental  or  podiatric malpractice must be commenced within two
years and six months of the [act, omission or failure complained  of  or
last treatment where there is continuous treatment for the same illness,
injury  or  condition which gave rise to the said act, omission or fail-
ure; provided, however, that where the action is based upon the  discov-
ery  of  a  foreign object in the body of the patient, the action may be
commenced within one year of the date of such discovery or of  the  date
of  discovery  of  facts  which would reasonably lead to such discovery,
whichever is earlier.  For the purpose of this section the term "contin-
uous treatment" shall not include examinations undertaken at the request
of the patient for the sole purpose of ascertaining  the  state  of  the
patient's  condition.  For the purpose of this section the term "foreign
object" shall not include a chemical compound, fixation device or  pros-
thetic  aid  or device] ACCRUAL OF ANY SUCH ACTION. FOR PURPOSES OF THIS
SECTION, THE ACCRUAL OF AN ACTION OCCURS AT THE LATER OF EITHER (A) WHEN
ONE KNOWS OR REASONABLY SHOULD HAVE KNOWN OF THE ALLEGED  NEGLIGENT  ACT
OR  OMISSION  AND KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT SAID NEGLI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03083-01-1

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