NY State Senate Bill 2015-S6596B

Senate Bill S6596B

2015-2016 Legislative Session

Establishes the date for the accrual of causes of action based on medical, dental or podiatric malpractice

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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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2016	print number 6596b
Jun 13, 2016	amend and recommit to judiciary print number 6596a
Jun 13, 2016	amend and recommit to judiciary
Jan 29, 2016	referred to judiciary

Bill Amendments

Original

B (Active)

co-Sponsors

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2015-S6596 - Details

See Assembly Version of this Bill:: A10719
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §§203 & 214-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7130
2017-2018: S4080

2015-S6596 - Summary

Establishes the date for the accrual of certain causes of action based on negligence.

2015-S6596 - Sponsor Memo

                                 BILL NUMBER:  S6596

 TITLE OF BILL :  An act to amend the civil practice law and rules, in
relation to accrual of causes of action for medical, dental and
podiatric malpractice

 PURPOSE OF BILL :  To amend the statute of limitations for medical,
dental or podiatric malpractice to include a discovery of injury rule,
allowing the current two and half year statute of limitations to run
from the date an injured patient discovers, or should have discovered,
that their injury was caused by malpractice. However, in no event
shall a malpractice action be filed more than ten years after the date
of the alleged malpractice.

 SUMMARY OF PROVISIONS OF BILL :  Amends Section 214-a of the Civil
Practice Law and Rules to accomplish the above purpose.

 JUSTIFICATION :  New York's current statute of limitations as to
medical malpractice is two and one half years from the date of the
act, omission or failure complained of or last treatment where there
is continuous treatment.  It is not only the shortest negligence
statute in the State of New York, except for claims against
municipalities, but works undue hardship in its application and
interpretation.

The courts in this State have consistently interpreted the accrual of

a cause of action for negligence as occurring at the time the act
complained of occurred. In medical malpractice cases, arising out of a
misdiagnosis or the failure to diagnose, the injury suffered by the
victim of such a tort is often discovered until well after the statute
of limitation has expired.

This injustice is sometimes seen when a patient discovers the growth
of a cancerous tumor. For example, a patient is seen by a physician
for general complaints and a series of tests are ordered, including an
x-ray. The patient is diagnosed as having no illness. Several years
later the patient is diagnosed as having a spot on the lung by a
different physician. Review of the original x-ray films show the
presence of a spot on the earlier film. Time is of the essence in the
treatment of cancer if one is to get a favorable chance at long term
survival. If more than two and one half years have passed from the
date of the original x-ray (assuming no continuous course of
treatment), the patient's claim is time barred, despite the fact that
the patient could not have reasonably known of the existence of the
medical misconduct.

Another example of this type of injustice occurs when a patient has
been exposed to inadequate hygienic conditions, i.e. is infected with
hepatitis-C or HIV by an inadequately sterilized, re-used, or
otherwise "dirty" syringe. The infected patient may in fact be totally
asymptomatic for years after the two and one half year statute of
limitations has expired.  However, if symptoms (and hence discovery of
the medical misconduct) become apparent only after the expiration of
the statute, the patient nevertheless has no legal recourse. The
current statute of limitations is based upon an anticipated rule that
a cause of action sounding in negligence accrues et the time of the
negligent act. The better rule and the one most widely adopted in
other jurisdictions, such as New Jersey, North Carolina, and claims
against the United States of America arising under the Federal Tort
Claims Act, is one which recognizes that some injuries do not
themselves at the time of the negligent act, and which permits a
victim. of medical malpractice to discover his or her injury before
their statutory suit New York has dealt with this problem in the field
of Toxic Torts period to begin Legislature enacted CPLR Section 214-c.
That section set forth a discovery in 1986 the rule for injuries
suffered as a result of exposure and implantation (1992 amendment)
substas. The justification for the passage of 214-c was that
individuals of foreign who were expose , toxic substances did not show
any adverse health effects until after the three (general negligence
statute of limitations had run. The issue was revisited in 1992 that
act was amended to include implantation within "exposure" to remedy
injuries to victims of breast implants.

This bill to remove this significant loophole in the law, which allows
a patient's rights e patient even knowing that she had any rights. The
bill would not mandate any claim be deemed meritorious - instead, the
bill would merely prevent the state mitations from being used as an
unfair and inequitable shield from if, professional negligent medical
misconduct.

 LEGISLATIVE HISTORY :  S.7130 of 2014: S.911A-2015

 FISCAL IMPLICATIONS FOR SATE AND LOCAL GOVERNMENTS :  Undetermined.

 EFFECTIVE DATE : Immediately.

2015-S6596 - Bill Text download pdf

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

                                  6596

                            I N  S E N A T E

                            January 29, 2016
                               ___________

Introduced  by Sens. DeFRANCISCO, ADDABBO, AMEDORE, AVELLA, BOYLE, BRES-
  LIN,  DILAN,   ESPAILLAT,   FUNKE,   GALLIVAN,   GIANARIS,   HAMILTON,
  HASSELL-THOMPSON,  HOYLMAN,  KENNEDY, KRUEGER, LANZA, LARKIN, LATIMER,
  MONTGOMERY, PANEPINTO,  PARKER,  PERALTA,  PERKINS,  RITCHIE,  ROBACH,
  SANDERS,  SERRANO, SQUADRON, STAVISKY, YOUNG -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

AN ACT to amend the civil practice law and rules, in relation to accrual
  of causes of action for medical, dental and podiatric malpractice

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

  Section 1. The opening paragraph of subdivision (g) of section 203  of
the  civil  practice  law  and rules is designated paragraph 1 and a new
paragraph 2 is added to read as follows:
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE
PURPOSES OF SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL  MUNICIPAL  LAW,
SECTION  TEN OF THE COURT OF CLAIMS ACT, AND THE PROVISIONS OF ANY OTHER
LAW PERTAINING TO THE COMMENCEMENT OF AN ACTION OR  SPECIAL  PROCEEDING,
OR  TO  THE  FILING  OF  A  NOTICE  OF CLAIM AS A CONDITION PRECEDENT TO
COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED  TIME
PERIOD,  THE  PERIOD  IN WHICH TO COMMENCE AN ACTION OR PROCEEDING OR TO
FILE SUCH NOTICE OF CLAIM FOR MEDICAL, DENTAL OR  PODIATRIC  MALPRACTICE
SHALL  NOT BEGIN TO RUN UNTIL 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 SUCH NEGLIGENT ACT OR
OMISSION HAS CAUSED AN INJURY; OR (B) THE DATE  OF  THE  LAST  TREATMENT
WHERE  THERE  IS  CONTINUOUS  TREATMENT  FOR THE SAME ILLNESS, INJURY OR
CONDITION WHICH GAVE RISE TO THE ACCRUAL OF  AN  ACTION.  HOWEVER,  SUCH
ACTION  SHALL COMMENCE NO LATER THAN TEN YEARS FROM THE ACT, OMISSION OR
FAILURE COMPLAINED OF OR LAST TREATMENT WHERE THERE IS CONTINUOUS TREAT-
MENT FOR THE SAME ILLNESS, INJURY OR CONDITION WHICH GAVE  RISE  TO  THE
ACT,  OMISSION  OR  FAILURE; PROVIDED, HOWEVER, THAT WHERE THE ACTION IS
BASED UPON THE DISCOVERY OF A FOREIGN OBJECT IN THE BODY OF  A  PATIENT,
THE  ACTION MAY BE COMMENCED WITHIN ONE YEAR OF THE DATE OF SUCH DISCOV-

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

                                                           LBD00100-04-5

S. 6596                             2

ERY OR OF THE DATE OF DISCOVERY OF FACTS WHICH WOULD REASONABLY LEAD  TO
SUCH DISCOVERY, WHICHEVER IS EARLIER.
  S  2. 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 ACCRUAL OF ANY SUCH ACTION.  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 SUCH NEGLIGENT ACT OR OMISSION HAS
CAUSED AN INJURY; OR (B) WITHIN TWO YEARS AND SIX  MONTHS  OF  THE  LAST
TREATMENT  WHERE  THERE  IS  CONTINUOUS  TREATMENT FOR THE SAME ILLNESS,
INJURY OR CONDITION WHICH GAVE RISE TO THE ACCRUAL OF AN ACTION.  HOWEV-
ER,  SUCH  ACTION  SHALL  COMMENCE NO LATER THAN TEN YEARS FROM 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 failure; provided, however,  that
where  the action is based upon the discovery 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 "continuous treatment" shall not include  exam-
inations  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 prosthetic aid or device.
  S 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2015-S6596A - Details

See Assembly Version of this Bill:: A10719
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §§203 & 214-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7130
2017-2018: S4080

2015-S6596A - Summary

Establishes the date for the accrual of certain causes of action based on negligence.

2015-S6596A - Bill Text download pdf

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

                                 6596--A

                            I N  S E N A T E

                            January 29, 2016
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  ADDABBO,  AKSHAR,  AMEDORE, AVELLA,
  BOYLE, BRESLIN, COMRIE, DILAN,  ESPAILLAT,  FELDER,  FUNKE,  GALLIVAN,
  GIANARIS,  HAMILTON,  HASSELL-THOMPSON,  HOYLMAN,  KAMINSKY,  KENNEDY,
  KRUEGER, LANZA, LARKIN, LATIMER, MONTGOMERY, PANEPINTO, PARKER, PERAL-
  TA, PERKINS, PERSAUD, RANZENHOFER, RITCHIE, RIVERA,  ROBACH,  SANDERS,
  SERRANO,  SQUADRON, STAVISKY, YOUNG -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Judiciary  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the civil practice law and rules, in relation to accrual
  of causes of action for medical, dental and podiatric malpractice

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

  Section  1. The opening paragraph of subdivision (g) of section 203 of
the civil practice law and rules is designated paragraph  1  and  a  new
paragraph 2 is added to read as follows:
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE
PURPOSES  OF  SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL MUNICIPAL LAW,
SECTION TEN OF THE COURT OF CLAIMS ACT, AND THE PROVISIONS OF ANY  OTHER
LAW  PERTAINING  TO THE COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING,
OR TO THE FILING OF A NOTICE  OF  CLAIM  AS  A  CONDITION  PRECEDENT  TO
COMMENCEMENT  OF AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED TIME
PERIOD, THE PERIOD IN WHICH TO COMMENCE AN ACTION OR  PROCEEDING  OR  TO
FILE  SUCH  NOTICE OF CLAIM FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE
SHALL NOT BEGIN TO RUN UNTIL 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  SUCH  NEGLIGENT  ACT  OR
OMISSION  HAS  CAUSED  AN  INJURY; OR (B) THE DATE OF THE LAST TREATMENT
WHERE THERE IS CONTINUOUS TREATMENT FOR  THE  SAME  ILLNESS,  INJURY  OR
CONDITION  WHICH  GAVE  RISE  TO THE ACCRUAL OF AN ACTION. HOWEVER, SUCH
ACTION SHALL COMMENCE NO LATER THAN SEVEN YEARS FROM 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  ACT,  OMISSION OR FAILURE; PROVIDED, HOWEVER, THAT WHERE THE ACTION

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

                                                           LBD00100-09-6

S. 6596--A                          2

IS BASED UPON THE DISCOVERY OF  A  FOREIGN  OBJECT  IN  THE  BODY  OF  A
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.
  S  2. 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 ACCRUAL OF ANY SUCH ACTION.  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 SUCH NEGLIGENT ACT OR OMISSION HAS
CAUSED AN INJURY; OR (B) WITHIN TWO YEARS AND SIX  MONTHS  OF  THE  LAST
TREATMENT  WHERE  THERE  IS  CONTINUOUS  TREATMENT FOR THE SAME ILLNESS,
INJURY OR CONDITION WHICH GAVE RISE TO THE ACCRUAL OF AN ACTION.  HOWEV-
ER,  SUCH  ACTION SHALL COMMENCE NO LATER THAN SEVEN YEARS FROM 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 failure; provided, however,  that
where  the action is based upon the discovery 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 "continuous treatment" shall not include  exam-
inations  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 prosthetic aid or device.
  S  3.  This act shall take effect immediately; and, with regard to any
person, who within two years and  six months prior to the effective date
of this act, (a) knew or reasonably should have known of a negligent act
or omission constituting medical, dental or podiatric  malpractice,  and
knew or reasonably should have known that such negligent act or omission
has  caused  an injury, or (b) within two years and six months of his or
her last treatment where there was continuous  treatment  for  the  same
illness,  injury  or  condition giving rise to the accrual of a medical,
dental  or  podiatric  malpractice  action;  notwithstanding  any  other
provision  of  law  to  the  contrary,  such person's action for medical
dental or podiatric malpractice shall be deemed to accrue on the  effec-
tive  date  of  this act and shall be commenced within two years and six
months of such effective date, provided that  the  action  is  commenced
within seven years of the act or omission referred to in subdivision (a)
of  this section or the last treatment referred to in subdivision (b) of
this section, as the case may be.

co-Sponsors

View additional co-sponsors

2015-S6596B (ACTIVE) - Details

See Assembly Version of this Bill:: A10719
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §§203 & 214-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7130
2017-2018: S4080

2015-S6596B (ACTIVE) - Summary

Establishes the date for the accrual of certain causes of action based on negligence.

2015-S6596B (ACTIVE) - Bill Text download pdf

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

                                 6596--B

                            I N  S E N A T E

                            January 29, 2016
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  ADDABBO,  AKSHAR,  AMEDORE, AVELLA,
  BOYLE, BRESLIN, COMRIE, DILAN,  ESPAILLAT,  FELDER,  FUNKE,  GALLIVAN,
  GIANARIS,  HAMILTON,  HASSELL-THOMPSON,  HOYLMAN,  KAMINSKY,  KENNEDY,
  KRUEGER, LANZA, LARKIN, LATIMER, MONTGOMERY, PANEPINTO, PARKER, PERAL-
  TA, PERKINS, PERSAUD, RANZENHOFER, RITCHIE, RIVERA,  ROBACH,  SANDERS,
  SERRANO,  SQUADRON, STAVISKY, YOUNG -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Judiciary  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the civil practice law and rules, in relation to accrual
  of causes of action for medical, dental and podiatric malpractice

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

  Section 1. The opening paragraph of subdivision (g) of section 203  of
the  civil  practice  law  and rules is designated paragraph 1 and a new
paragraph 2 is added to read as follows:
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE
PURPOSES OF SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL  MUNICIPAL  LAW,
SECTION  TEN OF THE COURT OF CLAIMS ACT, AND THE PROVISIONS OF ANY OTHER
LAW PERTAINING TO THE COMMENCEMENT OF AN ACTION OR  SPECIAL  PROCEEDING,
OR  TO  THE  FILING  OF  A  NOTICE  OF CLAIM AS A CONDITION PRECEDENT TO
COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED  TIME
PERIOD,  THE  PERIOD  IN WHICH TO COMMENCE AN ACTION OR PROCEEDING OR TO
FILE SUCH NOTICE OF CLAIM FOR MEDICAL, DENTAL OR  PODIATRIC  MALPRACTICE
SHALL  NOT BEGIN TO RUN UNTIL 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 SUCH NEGLIGENT ACT OR
OMISSION HAS CAUSED AN INJURY; OR (B) THE DATE  OF  THE  LAST  TREATMENT
WHERE  THERE  IS  CONTINUOUS  TREATMENT  FOR THE SAME ILLNESS, INJURY OR
CONDITION WHICH GAVE RISE TO THE ACCRUAL OF  AN  ACTION.  HOWEVER,  SUCH
ACTION  SHALL  COMMENCE NO LATER THAN SEVEN YEARS FROM 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

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

                                                           LBD00100-13-6

S. 6596--B                          2

THE ACT, OMISSION OR FAILURE; PROVIDED, HOWEVER, THAT WHERE  THE  ACTION
IS  BASED  UPON  THE  DISCOVERY  OF  A  FOREIGN  OBJECT IN THE BODY OF A
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.
  S 2. 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 ACCRUAL OF ANY SUCH ACTION.  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 SUCH NEGLIGENT  ACT  OR  OMISSION  HAS
CAUSED  AN  INJURY;  OR  (B) WITHIN TWO YEARS AND SIX MONTHS OF THE LAST
TREATMENT WHERE THERE IS CONTINUOUS  TREATMENT  FOR  THE  SAME  ILLNESS,
INJURY  OR CONDITION WHICH GAVE RISE TO THE ACCRUAL OF AN ACTION. HOWEV-
ER, SUCH ACTION SHALL COMMENCE NO LATER THAN SEVEN YEARS FROM  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 failure; provided, however, that
where the action is based upon the discovery 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 "continuous treatment" shall not include exam-
inations 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 prosthetic aid or device.
  S 3. With regard to any person, who within two years and   six  months
(or  in  actions  to which section 50-e or 50-i of the general municipal
law or section 10 of the court of claims act apply, the period  applica-
ble  under  such  sections) prior to the effective date of this act, (a)
knew or reasonably should have known of  a  negligent  act  or  omission
constituting  medical,  dental  or  podiatric  malpractice,  and knew or
reasonably should have known that such negligent  act  or  omission  has
caused  an injury, or (b) within two years and six months (or in actions
to which section 50-e or 50-i of the general municipal law or section 10
of the court of claims act  apply,  the  period  applicable  under  such
sections) of his or her last treatment where there was continuous treat-
ment  for  the  same  illness,  injury  or  condition giving rise to the
accrual of a medical, dental or podiatric malpractice  action;  notwith-
standing  any  other  provision  of  law  to the contrary, such person's
action for medical, dental or podiatric malpractice shall be  deemed  to
accrue  on  the effective date of this act and shall be commenced within
two years and six months (or in actions to which section 50-e or 50-i of
the general municipal law or section 10  of  the  court  of  claims  act
apply,  the  period  applicable  under  such sections) of such effective
date, provided that if an action would be timely pursuant to subdivision
(a) of this section, such action must be commenced within seven years of
the act or omission referred to in  subdivision  (a)  of  this  section.
Where  a  specific provision of law exists in any other provision of law
which is inconsistent with the provisions of this  act,  such  provision
shall apply unless a provision of this act specifies that such provision
of this act shall apply notwithstanding any other provision of law.

S. 6596--B                          3

  S 4. This act shall take effect immediately.

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Senate Bill S6596B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

2015-S6596 - Details

2015-S6596 - Summary

2015-S6596 - Sponsor Memo

2015-S6596 - Bill Text download pdf

co-Sponsors

2015-S6596A - Details

2015-S6596A - Summary

2015-S6596A - Bill Text download pdf

co-Sponsors

2015-S6596B (ACTIVE) - Details

2015-S6596B (ACTIVE) - Summary

2015-S6596B (ACTIVE) - Bill Text download pdf

Comments