Assembly Bill A5648

2015-2016 Legislative Session

Enacts the "medical liability reform act"; repealer

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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2015-A5648 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§3012-a, 1600, 1601 & 3101, add Art 50-C §§5051 & 5052, rpld §3101 sub (d) ¶1 sub¶(ii), CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A6184
2011-2012: A4381
2013-2014: A3335
2017-2018: A4913
2019-2020: A4897

2015-A5648 (ACTIVE) - Summary

Enacts the "medical liability reform act"; requires attorney for plaintiff in a medical, dental or podiatric malpractice case to include with the certificate of merit, an affidavit of an appropriate medical professional licensed in this state stating that there is a reasonable basis for such malpractice action; failure to file will result in dismissal; modifies limited liability of persons jointly liable

2015-A5648 (ACTIVE) - Bill Text download pdf

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

                                  5648

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2015
                               ___________

Introduced by M. of A. SCHIMMINGER, MAGEE, KOLB -- Multi-Sponsored by --
  M.  of  A.  BARCLAY, CROUCH, GALEF, HAWLEY, PALMESANO -- read once and
  referred to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to  enact-
  ing  the  "medical  liability  reform act"; and to repeal subparagraph
  (ii) of paragraph 1 of subdivision (d) of section 3101 of such law and
  rules relating to disclosure of expert witnesses  in  medical,  dental
  and podiatric medical malpractice actions

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "medical liability reform act".
  S 2. Section 3012-a of the civil practice law and rules, as amended by
chapter 507 of the laws of 1987, is amended to read as follows:
  S  3012-a. Certificate of merit in medical, dental and podiatric malp-
ractice actions. (a) In any action  for  medical,  dental  or  podiatric
malpractice,  the  complaint  shall  be  accompanied  by  a certificate,
executed by the attorney for the plaintiff, declaring that:
  (1) the attorney has reviewed the facts of the case and has  consulted
with at least one physician in medical malpractice actions, at least one
dentist  in  dental  malpractice  actions  or at least one podiatrist in
podiatric malpractice actions who is licensed to practice in this  state
[or  any  other state] and who the attorney reasonably believes is know-
ledgeable in the relevant issues involved in the particular action,  AND
WHO  HAS SIGNED AN AFFIDAVIT CONCLUDING THAT THERE IS A REASONABLE BASIS
FOR THE COMMENCEMENT OF AN ACTION, WITH SUCH AFFIDAVIT TO ACCOMPANY  THE
CERTIFICATE  REQUIRED  BY  THIS  SECTION,  and  that  the  attorney  has
concluded on the basis of such review [and], consultation AND  AFFIDAVIT
that there is a reasonable basis for the commencement of such action; or
  (2)  the  attorney was unable to obtain the consultation AND AFFIDAVIT
required by paragraph one of this subdivision because  a  limitation  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09360-01-5
              

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