NY State Senate Bill 2017-S3253

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Jan 20, 2017	referred to judiciary

2017-S3253 (ACTIVE) - Details

See Assembly Version of this Bill:: A6025
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §214-a, CPLR; amd §2805-l, add §§2827 & 2828, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5558, A10592
2011-2012: S1098, A3913
2013-2014: S2627, A1926
2015-2016: S1209, A1124
2019-2020: S4501, A6903
2021-2022: S5038
2023-2024: S6192

2017-S3253 (ACTIVE) - Summary

Relates to the time to commence certain medical malpractice actions; provides that actions related to acts or omissions of hospitals where an incident report is required to be filed may be filed within one year of the required filing.

2017-S3253 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3253

 TITLE OF BILL :

An act to amend the civil practice law and rules and the public health
law, in relation to the time to commence certain malpractice actions

 PURPOSE :

This bill would extend the statute of limitations in medical, dental
or podiatric malpractice actions against a hospital where the hospital
has violated section 2805-1 of the public health law by failing to
file an incident report as mandated by that section. It also requires
such reports to be sent to the patient and their representative.
Finally, the bill provides for a private right of action against a
hospital for injuries suffered as a result of a hospital acquired
infection, and establishes strict liability against hospitals for
medication errors.

 SUMMARY OF PROVISIONS :

Section 1 - tolls the statute of limitations in a medical, dental or
podiatric malpractice action so that where there is a failure by a
hospital to file an incident report as mandated by the public health
law, a plaintiff has a year from the date of filing of such report in
which to commence an action.

In addition, it tolls the statute limitations in a medical, dental or
podiatric malpractice action so that where an action is time-barred
against an individual healthcare service provider, an action may still
be commenced against a hospital where either the individual or the
hospital has failed to file an incident report as mandated by the
public health law, a plaintiff has a year from the date of filing of
such report in which to commence an action.

Section 2 - requires incident reports submitted to the Department of
Health under section 2805-1 of the public health law also be sent to
the patient and their representative.

Section 3 provides for a private right of action as a result of injury
from a hospital acquired infection and also provides for strict
liability against hospitals for medication errors.

Section 4 - Effective Date.

 JUSTIFICATION :

Despite having been a requirement for over twenty years, there are
abun- dant reports of hospitals failing to file incident reports as
mandated by the public health law. These incident reports are required
in order to give the Department of Health notice that a significant
incident has occurred, such as a patient death under circumstances
other than as a result of the course of disease, injury or proper
treatment). It also includes situations that harmed patients, such as
fires; equipment malfunctions, or poisonings. According to a Harvard
study, over 7,000 New Yorkers die each year as a result of preventable
medical errors. Clearly, these reports are a significant tool that
should be used to prevent the recurrence of harm or death to patients.

Yet by failing to timely file such reports, hospitals are preventing
the Department of Health from asserting its authority to make sure the
public is adequately protected in the case of substandard patient care
of hospital environment.

Furthermore, the law fails to permit notification to those most
directly affected by such unfortunate events-the patient themselves,
as well as family or others who are designated to help make crucial
decisions for the patient. By tolling the statute of limitations on
malpractice actions against hospitals, such institutions are
incentivized to obey the clear letter of the law. Furthermore,
hospitals will not be able to protect themselves from liability for
their harmful actions simply by ignoring the law, and thereby further
harming the patient in question first by whatever action led to the
requirement of filing the incident report, then again by not filing
the report, thus preventing the patient or their representative from
accessing information that could help them recover damages for death
or injury.

With respect to hospital acquired infections, it is widely reported
that such infections are commonplace and have hugely inflated the
number of injuries and death that would otherwise be preventable but
for the lack adherence to modern sanitation standards. Indeed,
according to a report by the Committee to Reduce Infection Deaths,
"infections contracted in hospitals are the fourth largest killer in
America." Despite regulatory and self-policing efforts to overcome
this frightening and unnecessary phenomenon, patients still suffer
needlessly as a result of such infections.

As with many other public safety issues over the years, one method of
assuring that the self interest of the erstwhile wrongdoer is aligned
with that of the victim, thus changing their behavior for the public
good, is permitting those harmed by the improper behavior to bring
suit for damages. By permitting patients to bring action against
hospitals for hospital acquired infections, hospitals will be forced
to review their sanitary procedures and provide a safer patient
environment.

Finally, the matter of medication errors is addressed in the bill as
well. Similar to that of hospital-acquired infections, there is no
good reason for so many people to be harmed from medication mistakes
in this day of modern technology and advanced therapeutic practices
available to prevent careless mistakes. As with the problem of
infections, by making hospitals strictly liable for harms that are the
result of preventable error, such institutions will modify their
practices that reduce medication errors and substantially enhance
patient safety.

 PRIOR LEGISLATIVE HISTORY :

2015-16: S.1209/A.1124 - Referred to Judiciary
2013-14: S.2627A/A.1926A - Amended and Recommitted to Judiciary
2011-12: S.1098A/A.3913 - Referred to Judiciary
2009-10: S.5558 REFERRED TO CODES

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S3253 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3253
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules and the  public  health
   law, in relation to the time to commence certain malpractice actions
 
   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:
   § 214-a. Action for medical, dental or  podiatric  malpractice  to  be
 commenced  within  two  years and six months; exceptions.  (A) 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 failure[; provided, however, that where].
   (B) (1) NOTWITHSTANDING SUBDIVISION (A) OF THIS SECTION, AN ACTION FOR
 MEDICAL, DENTAL OR PODIATRIC MALPRACTICE NEED NOT  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 FAILURE, IF THE DEFENDANT IS A HOSPITAL AS DEFINED IN SUBDIVISION TEN
 OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH  LAW,  AND  HAS
 FAILED  TO  FILE  AN INCIDENT REPORT AS REQUIRED BY SECTION TWENTY-EIGHT
 HUNDRED FIVE-L OF SUCH LAW IN CONNECTION WITH THE INCIDENT THAT  IS  THE
 SUBJECT  OF  THE  MALPRACTICE  ACTION.  IN  SUCH CASE, THE ACTION MAY BE
 COMMENCED WITHIN ONE YEAR OF THE DATE OF THE REQUIRED FILING.
   (2) NOTWITHSTANDING SUBDIVISION (A) OF THIS  SECTION,  AN  ACTION  FOR
 MEDICAL,  DENTAL  OR  PODIATRIC MALPRACTICE NEED NOT 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02617-01-7

 S. 3253                             2
 
 ILLNESS, INJURY OR CONDITION WHICH GAVE RISE TO THE SAID  ACT,  OMISSION
 OR FAILURE, WHERE SUCH ACTION IS AGAINST A HOSPITAL AS DEFINED IN SUBDI-
 VISION TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW,
 REGARDLESS OF WHETHER SUCH ACTION IS OTHERWISE BARRED BY SUBDIVISION (A)
 OF THIS SECTION AGAINST ANY INDIVIDUAL LICENSED UNDER TITLE EIGHT OF THE
 EDUCATION  LAW, WHERE EITHER SUCH INDIVIDUAL OR SUCH HOSPITAL HAS FAILED
 TO FILE AN INCIDENT REPORT AS REQUIRED BY SECTION  TWENTY-EIGHT  HUNDRED
 FIVE-L  OF THE PUBLIC HEALTH LAW IN CONNECTION WITH THE INCIDENT THAT IS
 THE SUBJECT OF THE MALPRACTICE ACTION. IN SUCH CASE, THE ACTION  MAY  BE
 COMMENCED WITHIN ONE YEAR OF THE DATE OF THE REQUIRED FILING.
   (C)  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  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 prosthetic aid or device.
   § 2.  Subdivisions 3, 4, 5, 6 and 7 of section 2805-l  of  the  public
 health law are renumbered subdivisions 4, 5, 6, 7 and 8 and a new subdi-
 vision 3 is added to read as follows:
   3.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW, COPIES OF ANY REPORTS
 SUBMITTED TO THE DEPARTMENT UNDER THIS SECTION SHALL ALSO SIMULTANEOUSLY
 BE SUBMITTED TO:
   (A) THE PATIENT OR PATIENTS WHO ARE AFFECTED IN SUCH A  MANNER  AS  TO
 TRIGGER  THE  REPORTING  REQUIREMENTS  AS  SET  FORTH  IN PARAGRAPHS (A)
 THROUGH (G) OF SUBDIVISION TWO OF THIS SECTION;
   (B) IN THE EVENT  THE  PATIENT  IS  DECEASED  OR  INCAPACITATED,  SUCH
 REPORTS  SHALL  BE SUBMITTED WITH THE PATIENT'S OR ESTATE'S LEGAL REPRE-
 SENTATIVE; AND
   (C) THE PERSON, FAMILY OR OTHERWISE, WHO HAS BEEN  IDENTIFIED  IN  THE
 HOSPITAL'S RECORDS AS THE PERSON DESIGNATED BY THE PATIENT FOR NOTIFICA-
 TION OR CONSULTATION IN THE EVENT OF THE PATIENT'S INCAPACITY OR DEATH.
   §  3. The public health law is amended by adding two new sections 2827
 and 2828 to read as follows:
   § 2827. LIABILITY  OF  HOSPITALS  FOR  INFECTIONS;  PRIVATE  RIGHT  OF
 ACTION.  ANY  PERSON,  WHO  IN  THE  COURSE OF A TREATMENT, PROCEDURE OR
 DELIVERY OF HEALTH CARE SERVICE, BY ANY HOSPITAL AS DEFINED IN  SUBDIVI-
 SION  TEN  OF  SECTION  TWENTY-EIGHT  HUNDRED  ONE  OF  THIS ARTICLE, IS
 SUBJECTED TO A HOSPITAL ACQUIRED INFECTION AS DEFINED BY  PARAGRAPH  (A)
 OF  SUBDIVISION  ONE  OF  SECTION  TWENTY-EIGHT HUNDRED NINETEEN OF THIS
 ARTICLE, MAY BRING A CAUSE OF ACTION FOR  ANY  INJURIES  SUFFERED  AS  A
 RESULT  OF  SUCH  INFECTION,  PURSUANT TO THE STATUTE OF LIMITATIONS SET
 FORTH IN SECTION TWO HUNDRED FOURTEEN-A OF THE CIVIL  PRACTICE  LAW  AND
 RULES.
   §  2828.  STRICT  LIABILITY  FOR  MEDICATION  ERRORS; PRIVATE RIGHT OF
 ACTION. EVERY HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF  SECTION  TWEN-
 TY-EIGHT  HUNDRED  ONE OF THIS ARTICLE, IS STRICTLY LIABLE FOR ANY INJU-
 RIES SUFFERED TO ANY PATIENT AS A RESULT OF AN ERROR IN PROVIDING  MEDI-
 CATION  TO  SAID  PATIENT  IN  THE  COURSE  OF A TREATMENT, PROCEDURE OR
 DELIVERY OF HEALTH CARE SERVICE.
   § 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3253

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2017-S3253 (ACTIVE) - Details

2017-S3253 (ACTIVE) - Summary

2017-S3253 (ACTIVE) - Sponsor Memo

2017-S3253 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3253

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2017-S3253 (ACTIVE) - Details

2017-S3253 (ACTIVE) - Summary

2017-S3253 (ACTIVE) - Sponsor Memo

2017-S3253 (ACTIVE) - Bill Text download pdf

Comments