STATE OF NEW YORK
________________________________________________________________________
1970
2019-2020 Regular Sessions
IN ASSEMBLY
January 18, 2019
___________
Introduced by M. of A. ZEBROWSKI, MOSLEY, RIVERA, OTIS, ABINANTI, RAIA,
MONTESANO -- Multi-Sponsored by -- M. of A. ARROYO, BRAUNSTEIN, COOK
-- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to length-
ening the period of time for the filing of medical malpractice cases
based upon allegations of reckless use of a syringe, needle or other
sharp
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 1 of the laws of 2018, is amended to read as follows:
3 § 214-a. Action for medical, dental or podiatric malpractice to be
4 commenced within two years and six months; exceptions. 1. An action for
5 medical, dental or podiatric malpractice must be commenced within two
6 years and six months of the act, omission or failure complained of or
7 last treatment where there is continuous treatment for the same illness,
8 injury or condition which gave rise to the said act, omission or fail-
9 ure; provided, however, that: (a) where the action is based upon the
10 discovery of a foreign object in the body of the patient, the action may
11 be commenced within one year of the date of such discovery or of the
12 date of discovery of facts which would reasonably lead to such discov-
13 ery, whichever is earlier; and (b) where the action is based upon the
14 alleged negligent failure to diagnose cancer or a malignant tumor,
15 whether by act or omission, the action may be commenced within two years
16 and six months of the later of either (i) when the person knows or
17 reasonably should have known of such alleged negligent act or omission
18 and knows or reasonably should have known that such alleged negligent
19 act or omission has caused injury, provided, that such action shall be
20 commenced no later than seven years from such alleged negligent act or
21 omission, or (ii) the date of the last treatment where there is contin-
22 uous treatment for such injury, illness or condition; and (c) where the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01556-01-9
A. 1970 2
1 action is based upon the infection of the patient with a communicable
2 disease through the reckless conduct of a health care provider includ-
3 ing, but not limited to, the reuse of a syringe, needle or other sharp,
4 the action shall be commenced within two years and six months of the
5 date upon which a patient: (i) is informed by the department of health
6 that he or she may have been exposed to a communicable disease by the
7 reckless conduct of a health care provider; or (ii) otherwise becomes
8 aware of such facts as would lead a reasonable person to believe that he
9 or she had been so exposed.
10 2. For the purpose of this section the term "continuous treatment"
11 shall not include examinations undertaken at the request of the patient
12 for the sole purpose of ascertaining the state of the patient's condi-
13 tion. For the purpose of this section the term "foreign object" shall
14 not include a chemical compound, fixation device or prosthetic aid or
15 device.
16 § 2. This act shall take effect immediately.
