Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 08, 2011 |
committee discharged and committed to judiciary |
Jan 18, 2011 |
referred to codes |
Senate Bill S2279
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Actions
2011-S2279 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add Art 50-C §§5051 & 5052, CPLR; add §5518, Ins L
- Versions Introduced in 2009-2010 Legislative Session:
-
S223
2011-S2279 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2279 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to limiting the amount of awards in medical malpractice lawsuits; and to amend the insurance law, in relation to establishing the excess medical malpractice liability fund PURPOSE: This bill relates to limiting the amount of awards in medical malpractice lawsuits and to create the excess medical malpractice liability fund. SUMMARY OF PROVISIONS: Section 1 amends the civil practice law and rules by adding a new article 50-C, entitled "Limitation on Damage Awards in Medical Malpractice Lawsuits." Section 5051 of this article defines noneconomic damages, actual economic damages, personal injury action, and compensation award. Within this article, Section 5052 limits damage awards. Any personal injury compensation award shall not exceed the total amount of the
2011-S2279 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2279 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to limit- ing the amount of awards in medical malpractice lawsuits; and to amend the insurance law, in relation to establishing the excess medical malpractice liability fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new article 50-C to read as follows: ARTICLE 50-C LIMITATION ON DAMAGE AWARDS IN MEDICAL MALPRACTICE LAWSUITS SECTION 5051. DEFINITIONS. 5052. LIMITATION ON DAMAGE AWARDS. S 5051. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "NONECONOMIC DAMAGES" MEANS NONPECUNIARY DAMAGES ARISING FROM PAIN, SUFFERING, INCONVENIENCE, PHYSICAL IMPAIRMENT OR DISFIGUREMENT, MENTAL ANGUISH, EMOTIONAL DISTRESS, LOSS OF SOCIETY AND COMPANIONSHIP, LOSS OF CONSORTIUM, INJURY TO REPUTATION, HUMILIATION AND ALL OTHER NONPECUNIARY DAMAGES. 2. "ACTUAL ECONOMIC DAMAGES" MEANS OBJECTIVELY VERIFIABLE PECUNIARY DAMAGES ARISING FROM MEDICAL EXPENSES AND MEDICAL CARE, LOSS OF EARNINGS AND EARNING CAPACITY, BURIAL COSTS, LOSS OF USE OF PROPERTY, LOSS OF GUIDANCE, COSTS OF REPAIR OR REPLACEMENT OF PROPERTY, COSTS OF OBTAINING SUBSTITUTE DOMESTIC SERVICES, LOSS OF EMPLOYMENT, LOSS OF BUSINESS OR EMPLOYMENT OPPORTUNITIES, REHABILITATION SERVICES, CUSTODIAL CARE AND ALL OTHER PECUNIARY DAMAGES. 3. "PERSONAL INJURY ACTION" MEANS ANY ACTION, INCLUDING BUT IN NO MANNER LIMITED TO MEDICAL, DENTAL AND PODIATRIC MALPRACTICE ACTIONS, WHETHER IN TORT, CONTRACT OR OTHERWISE, IN WHICH THE PLAINTIFF SEEKS DAMAGES FOR INJURY TO THE PERSON OR WRONGFUL DEATH. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07268-01-1
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