Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2014 |
referred to judiciary |
Jan 18, 2013 |
referred to judiciary |
Senate Bill S2531
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-S2531 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §3101, rpld sub (d) ¶ 1 sub¶ (ii), add Art 44-A §§4410 - 4417, CPLR; amd §6530, Ed L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S7159
2011-2012: S2349
2013-S2531 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2531 TITLE OF BILL: An act to amend the civil practice law and rules and the education law, in relation to the use of expert medical testimony; to amend the civil practice law and rules, in relation to creating the health care courts pilot program; and to repeal certain provisions of the civil practice law and rules relating thereto PURPOSE: The purpose of the bill is to make revisions to the manner by which medical liability claims are adjudicated SUMMARY OF PROVISIONS: Section one of the bill would amend the § 3101(d)(1)(i) of the Civil Practice Law and Rules (CPLR) to remove the current provision prohibiting the disclosure of the identity of a medical expert witness who intends to testify in a medical liability action. This section also provides that an individual may not serve as expert witness in an action for medical, dental or podiatric malpractice unless such individual is licensed to practice in the same profession, is engaged in clinical practice or teaching and experienced in the care at issue, and is board certified in the same speciality as the defendant if the standard of care involves his or her speciality. Section two replaces clause (ii) of paragraph 1 of subdivision (d) of § 3101 of the CPLR to require disclosure of the identity of any expert
2013-S2531 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2531 2013-2014 Regular Sessions I N S E N A T E January 18, 2013 ___________ Introduced by Sen. HANNON -- 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 and the education law, in relation to the use of expert medical testimony; to amend the civil practice law and rules, in relation to creating the health care courts pilot program; and to repeal certain provisions of the civil practice law and rules relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (i) of paragraph 1 of subdivision (d) of section 3101 of the civil practice law and rules, as amended by chapter 184 of the laws of 1988, is amended to read as follows: (i) Upon request, each party shall identify each person whom the party expects to call as an expert witness at trial and shall disclose in reasonable detail the subject matter on which each expert is expected to testify, the substance of the facts and opinions on which each expert is expected to testify, the qualifications of each expert witness and a summary of the grounds for each expert's opinion. However, where a party for good cause shown retains an expert an insufficient period of time before the commencement of trial to give appropriate notice thereof, the party shall not thereupon be precluded from introducing the expert's testimony at the trial solely on grounds of noncompliance with this paragraph. In that instance, upon motion of any party, made before or at trial, or on its own initiative, the court may make whatever order may be just. In an action for medical, dental or podiatric malpractice, [a party, in responding to a request, may omit the names of medical, dental or podiatric experts but shall be required to disclose all other infor- mation concerning such experts otherwise required by this paragraph] NO INDIVIDUAL SHALL BE QUALIFIED TO TESTIFY AS AN EXPERT WITNESS UNLESS SUCH INDIVIDUAL IS A HEALTH CARE PROFESSIONAL WHO: (A) IS LICENSED TO PRACTICE IN AT LEAST ONE STATE IN THE SAME PROFESSION AS THE DEFENDANT; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05785-01-3
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