S T A T E O F N E W Y O R K
________________________________________________________________________
1724--A
1999-2000 Regular Sessions
I N A S S E M B L Y
January 13, 1999
___________
Introduced by M. of A. LUSTER -- Multi-Sponsored by -- M. of A. GOTT-
FRIED, GREENE, JOHN, MILLMAN, WEINSTEIN -- read once and referred to
the Committee on Codes -- 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 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-
BLY, DO ENACT AS FOLLOWS:
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 S 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
15 ILLNESS, INJURY OR CONDITION THE EXISTENCE OF WHICH SHOULD HAVE BEEN
16 DETECTED, BUT DUE TO THE ACT, OMISSION OR FAILURE OF A HEALTH CARE PRAC-
17 TITIONER SUCH ILLNESS, INJURY OR CONDITION WAS NOT DETECTED IN CLINICAL
18 DIAGNOSTIC LABORATORY OR RADIOLOGICAL TESTS ACTUALLY PERFORMED, OR IF
19 THE RESULTS OF SUCH CLINICAL DIAGNOSTIC LABORATORY OR RADIOLOGICAL TESTS
20 ACTUALLY PERFORMED WERE NOT ACCURATELY REPORTED OR COMMUNICATED, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD03737-03-9
A. 1724--A 2
1 DISCOVERY, WHICHEVER IS EARLIER. For the purpose of this section the
2 term "continuous treatment" shall not include examinations undertaken at
3 the request of the patient for the sole purpose of ascertaining the
4 state of the patient`s condition. For the purpose of this section the
5 term "foreign object" shall not include a chemical compound, fixation
6 device or prosthetic aid or device.
7 S 2. Every cause of action for an injury or death based on the discov-
8 ery of an illness, injury or condition the existence of which should
9 have been detected, but due to the act, omission or failure of a health
10 care practitioner such illness, injury or condition was not detected in
11 clinical diagnostic laboratory or radiological tests actually performed,
12 which is or would be barred prior to the effective date of this act,
13 because the applicable period of limitation has expired is hereby
14 revived and extended, and any action thereon may be commenced and prose-
15 cuted provided such action is commenced not later than one year after
16 the effective date of this act.
17 S 3. This act shall take effect immediately.
.SO DOC A 1724A *END* BTXT 1999
Bill A01724
[ Bill
Information ]