Bill Text: NY S04080 | 2017-2018 | General Assembly | Introduced
Bill Title: Establishes the date for the accrual of certain causes of action based on negligence.
Spectrum: Slight Partisan Bill (Democrat 24-14)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S04080 Detail]
Download: New_York-2017-S04080-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4080 2017-2018 Regular Sessions IN SENATE February 2, 2017 ___________ Introduced by Sens. DeFRANCISCO, AKSHAR, AMEDORE, BOYLE, BRESLIN, FUNKE, GALLIVAN, HAMILTON, HOYLMAN, KAMINSKY, KRUEGER, LANZA, LARKIN, MONT- GOMERY, PERKINS, RANZENHOFER, RITCHIE, ROBACH, SANDERS, YOUNG -- 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, 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: 1 Section 1. The opening paragraph of subdivision (g) of section 203 of 2 the civil practice law and rules is designated paragraph 1 and a new 3 paragraph 2 is added to read as follows: 4 2. Notwithstanding any other provision of law to the contrary, for the 5 purposes of sections fifty-e and fifty-i of the general municipal law, 6 section ten of the court of claims act, and the provisions of any other 7 law pertaining to the commencement of an action or special proceeding, 8 or to the filing of a notice of claim as a condition precedent to 9 commencement of an action or special proceeding within a specified time 10 period, the period in which to commence an action or proceeding or to 11 file such notice of claim for medical, dental or podiatric malpractice 12 shall not begin to run until the later of either: (a) when one knows or 13 reasonably should have known of the alleged negligent act or omission 14 and knows or reasonably should have known that such negligent act or 15 omission has caused an injury; or (b) the date of the last treatment 16 where there is continuous treatment for the same illness, injury or 17 condition which gave rise to the accrual of an action. However, such 18 action shall commence no later than seven years from the act, omission 19 or failure complained of or last treatment where there is continuous 20 treatment for the same illness, injury or condition which gave rise to 21 the act, omission or failure; provided, however, that where the action 22 is based upon the discovery of a foreign object in the body of a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02848-03-7S. 4080 2 1 patient, the action may be commenced within one year of the date of such 2 discovery or of the date of discovery of facts which would reasonably 3 lead to such discovery, whichever is earlier. 4 § 2. Section 214-a of the civil practice law and rules, as amended by 5 chapter 485 of the laws of 1986, is amended to read as follows: 6 § 214-a. Action for medical, dental or podiatric malpractice to be 7 commenced within two years and six months; exceptions. An action for 8 medical, dental or podiatric malpractice must be commenced within two 9 years and six months of the accrual of any such action. The accrual of 10 an action occurs at the later of either (a) when one knows or reasonably 11 should have known of the alleged negligent act or omission and knows or 12 reasonably should have known that such negligent act or omission has 13 caused an injury; or (b) the date of the last treatment where there is 14 continuous treatment for the same illness, injury or condition which 15 gave rise to the accrual of an action. However, such action shall 16 commence no later than seven years from the act, omission or failure 17 complained of or last treatment where there is continuous treatment for 18 the same illness, injury or condition which gave rise to the said act, 19 omission or failure; provided, however, that where the action is based 20 upon the discovery of a foreign object in the body of the patient, the 21 action may be commenced within one year of the date of such discovery or 22 of the date of discovery of facts which would reasonably lead to such 23 discovery, whichever is earlier. For the purpose of this section the 24 term "continuous treatment" shall not include examinations undertaken at 25 the request of the patient for the sole purpose of ascertaining the 26 state of the patient's condition. For the purpose of this section the 27 term "foreign object" shall not include a chemical compound, fixation 28 device or prosthetic aid or device. 29 § 3. Notwithstanding any other provision of law, including sections 30 50-e and 50-i of the general municipal law, section 10 of the court of 31 claims act and the provisions of any general, special or local law or 32 charter requiring as a condition precedent to commencement of an action 33 or special proceeding that a notice of claim be filed or presented, 34 every action for personal injuries or wrongful death stemming from 35 alleged medical malpractice which has been barred during and up to the 36 seven year period prior to the effective date of this act solely because 37 the applicable period of limitations has or had expired before the 38 injured plaintiff or injured claimant or the representative of their 39 estate did not know and reasonably should not have known that they had 40 been injured as a result of medical malpractice is hereby revived and an 41 action thereon may be commenced provided such action is commenced within 42 one year from the effective date of this act. 43 § 4. This act shall take effect immediately.
