Bill Text: NY A01056 | 2013-2014 | General Assembly | Amended

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

Spectrum: Strong Partisan Bill (Democrat 32-3)

Status: (Introduced - Dead) 2014-05-12 - amended on third reading (t) 1056a [A01056 Detail]

Download: New_York-2013-A01056-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1056--A
                                                               Cal. No. 552
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  WEINSTEIN, GOTTFRIED, HOOPER, PAULIN, PERRY,
         JAFFEE, WEPRIN, GOLDFEDER, MARKEY,  TITONE,  MOSLEY,  MOYA,  BRINDISI,
         STIRPE,  ROSENTHAL,  BORELLI, BENEDETTO, STECK, LIFTON, CLARK, THIELE,
         ABINANTI -- Multi-Sponsored by  --  M.  of  A.  BRAUNSTEIN,  BUCHWALD,
         CYMBROWITZ,  ENGLEBRIGHT, JACOBS, MILLMAN, RA, RAIA, SEPULVEDA, TITUS,
         WEISENBERG, WRIGHT -- read once and referred to the Committee on Codes
         -- reported from committee, advanced to a third reading,  amended  and
         ordered reprinted, retaining its place on the order of third reading
       AN ACT to amend the civil practice law and rules, in relation to accrual
         of certain causes of action
         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 SUCH ACTION OR PROCEEDING OR TO
   11  FILE SUCH NOTICE OF CLAIM SHALL NOT BEING TO  RUN  UNTIL  THE  LATER  OF
   12  EITHER:  (A)  WHEN  ONE  KNOWS  OR  REASONABLY  SHOULD HAVE KNOWN OF THE
   13  ALLEGED NEGLIGENT ACT OR OMISSION AND KNOWS OR  REASONABLY  SHOULD  HAVE
   14  KNOWN  THAT  SUCH NEGLIGENT ACT OR OMISSION HAS CAUSED AN INJURY; OR (B)
   15  THE DATE OF THE LAST TREATMENT WHERE THERE IS CONTINUOUS  TREATMENT  FOR
   16  THE  SAME ILLNESS, INJURY OR CONDITION WHICH HAVE RISE TO THE ACCRUAL OF
   17  AN ACTION. HOWEVER, SUCH ACTION SHALL COMMENCE NO LATER THAN  TEN  YEARS
   18  FROM  THE ACT, OMISSION OR FAILURE COMPLAINED OF OR LAST TREATMENT WHERE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01405-08-4
       A. 1056--A                          2
    1  THERE IS CONTINUOUS TREATMENT FOR THE SAME ILLNESS, INJURY OR  CONDITION
    2  WHICH GAVE RISE TO THE ACT, OMISSION OR FAILURE; PROVIDED, HOWEVER, THAT
    3  WHERE  THE ACTION IS BASED UPON THE DISCOVERY OF A FOREIGN OBJECT IN THE
    4  BODY  OF  A  PATIENT, THE ACTION MAY BE COMMENCED WITHIN ONE YEAR OF THE
    5  DATE OF SUCH DISCOVERY OR OF THE DATE OF DISCOVERY OF FACTS WHICH  WOULD
    6  REASONABLY LEAD TO SUCH DISCOVERY, WHICHEVER IS EARLIER.
    7    S  2. Section 214-a of the civil practice law and rules, as amended by
    8  chapter 485 of the laws of 1986, is amended to read as follows:
    9    S 214-a. Action for medical, dental or  podiatric  malpractice  to  be
   10  commenced  within  two  years  and six months; exceptions. An action for
   11  medical, dental or podiatric malpractice must be  commenced  within  two
   12  years  and six months of the ACCRUAL OF ANY SUCH ACTION.  THE ACCRUAL OF
   13  AN ACTION OCCURS AT THE LATER OF EITHER (A) WHEN ONE KNOWS OR REASONABLY
   14  SHOULD HAVE KNOWN OF THE ALLEGED NEGLIGENT ACT OR OMISSION AND KNOWS  OR
   15  REASONABLY  SHOULD  HAVE  KNOWN  THAT SUCH NEGLIGENT ACT OR OMISSION HAS
   16  CAUSED AN INJURY; OR (B) WITHIN TWO YEARS AND SIX  MONTHS  OF  THE  LAST
   17  TREATMENT  WHERE  THERE  IS  CONTINUOUS  TREATMENT FOR THE SAME ILLNESS,
   18  INJURY OR CONDITION WHICH GAVE RISE TO THE ACCRUAL OF AN ACTION.  HOWEV-
   19  ER,  SUCH  ACTION  SHALL  COMMENCE NO LATER THAN TEN YEARS FROM THE act,
   20  omission or failure complained of  or  last  treatment  where  there  is
   21  continuous  treatment  for  the  same illness, injury or condition which
   22  gave rise to the said act, omission or failure; provided, however,  that
   23  where  the action is based upon the discovery of a foreign object in the
   24  body of the patient, the action may be commenced within one year of  the
   25  date  of such discovery or of the date of discovery of facts which would
   26  reasonably lead to such discovery, whichever is earlier. For the purpose
   27  of this section the term "continuous treatment" shall not include  exam-
   28  inations  undertaken  at the request of the patient for the sole purpose
   29  of ascertaining the state of the patient's condition. For the purpose of
   30  this section the term "foreign object"  shall  not  include  a  chemical
   31  compound, fixation device or prosthetic aid or device.
   32    S 3. This act shall take effect immediately.