Alters the statute of limitations for medical, dental or podiatric malpractice to two years and six months from the time when a person knows or reasonably should have known of the alleged negligent act or omission and knows or reasonably should have known that such negligent act or omission has caused an injury.
STATE OF NEW YORK
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744
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sen. FUSCHILLO -- 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 the
limitations of time within which an action for medical, dental or
podiatric malpractice accrues
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 § 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. For the purpose of this section the term "contin-
15 uous treatment" shall not include examinations undertaken at the request
16 of the patient for the sole purpose of ascertaining the state of the
17 patient's condition. For the purpose of this section the term "foreign
18 object" shall not include a chemical compound, fixation device or pros-
19 thetic aid or device] accrual of any such action. For purposes of this
20 section, the accrual of an action occurs at the later of either (a) when
21 one knows or reasonably should have known of the alleged negligent act
22 or omission and knows or reasonably should have known that said negli-
23 gent act has caused an injury; or, (b) within two years and six months
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01405-01-3
S. 744 2
1 of the last treatment where there is continuous treatment for the same
2 illness, injury or condition which gave rise to the accrual of an
3 action.
4 § 2. This act shall take effect immediately.
