S T A T E   O F   N E W   Y O R K
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                                      9143
                              I N  A S S E M B L Y
                                January 29, 1998
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    Introduced  by  M. of A. LUSTER -- Multi-Sponsored by -- M. of A. CLARK,
      COLTON, COOK, DIAZ, LAFAYETTE -- read once and referred to the Commit-
      tee on Codes
    AN ACT to amend the civil practice law and rules,  in  relation  to  the
      statute  of  limitations  for actions for medical, dental or podiatric
      malpractice
      The People of the State of New York, represented in Senate and  Assem-
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    bly, do enact as follows:
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 1    Section  1.  Section  214-a  of  the  civil practice law and rules, as
 2  amended by chapter 485 of the laws  of  1986,  is  amended  to  read  as
 3  follows:
 4      214-a.  Action  for  medical, dental or podiatric malpractice to be
 5  commenced within two years and six months;  exceptions.  An  action  for
 6  medical,  dental  or  podiatric malpractice must be commenced within two
 7  years and six months of the act, omission or failure  complained  of  or
 8  last treatment where there is continuous treatment for the same illness,
 9  injury  or  condition which gave rise to the said act, omission or fail-
10  ure; provided, however, that where the action is based upon the  discov-
11  ery  of  a  foreign object in the body of the patient, the action may be
12  commenced within one year of the date of such discovery or of  the  date
13  of  discovery  of  facts  which would reasonably lead to such discovery,
14  whichever is earlier.  Where the action is based on the discovery of  an
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15  illness,  injury  or  condition  the existence of which should have been
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16  detected, but due to the act, omission or failure of a health care prac-
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17  titioner such illness, injury or condition was not detected in tests  or
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18  diagnostic  procedures  actually  performed, the action may be commenced
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19  within one year of the date of such discovery or of the date of  discov-
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20  ery of facts which would reasonably lead to such discovery, whichever is
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21  earlier.    For  the purpose of this section the term "continuous treat-
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22  ment" shall not include examinations undertaken at the  request  of  the
23  patient  for the sole purpose of ascertaining the state of the patient's
24  condition. For the purpose of this section  the  term  "foreign  object"
25  shall not include a chemical compound, fixation device or prosthetic aid
26  or device.
     EXPLANATION--Matter in italics (underscored) is new; matter in brackets
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                          [ ] is old law to be omitted.
                                                               LBD13056-01-8
    A. 9143                             2
 1     2. This act shall take effect immediately and shall apply to actions
 2  commenced on or after such effective date.