Senate Bill S7588A

Signed By Governor
2017-2018 Legislative Session

Relates to the accrual of causes of action for medical, dental and podiatric malpractice; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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

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Bill Amendments

2017-S7588 - Details

See Assembly Version of this Bill:
A9633
Law Section:
Civil Practice Law and Rules
Laws Affected:
Rpld & add §203 sub (g) ¶2, amd §214-a, CPLR; rpld §3, amd §4, Chap of 2017 (as proposed in S. 6800 and A. 8516)

2017-S7588 - Summary

Provides that where an action or claim is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, for the purposes of sections fifty-e and fifty-i of the general municipal law, section ten of the court of claims act, and the provisions of any other law pertaining to the commencement of an action or special proceeding, or to the filing of a notice of claim as a condition precedent to commencement of an action or special proceeding within a specified time period, the time in which to commence an action or special proceeding or to file a notice of claim shall not begin to run until the later of either (i) when the person knows or reasonably should have known of such alleged negligent act or omission causing injury, provided, that such action shall be commenced no later than seven years from such alleged negligent act or omission, or (ii) the date of the last treatment where there is continuous treatment for such injury, illness or condition.

2017-S7588 - Sponsor Memo

2017-S7588 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7588
 
                             I N  S E N A T E
 
                             January 26, 2018
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil practice law and rules, in relation to certain
   negligent actions or claims; to amend a chapter of the laws  of  2017,
   amending the civil practice law and rules relating to accrual of caus-
   es  of  action  for  medical,  dental  and  podiatric  malpractice, as
   proposed in legislative bills numbers S. 6800 and A. 8516, in relation
   to the effectiveness thereof; to repeal certain provisions of a  chap-
   ter  of  the  laws  of 2017, amending the civil practice law and rules
   relating to accrual of causes of action for medical, dental and podia-
   tric malpractice, as proposed in legislative bills numbers S. 6800 and
   A.  8516, relating to certain negligent  acts  or  omissions;  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. Paragraph 2 of subdivision (g) of section 203 of the  civil
 practice  law  and  rules,  as  added  by a chapter of the laws of 2017,
 amending the civil practice law and rules relating to accrual of  causes
 of  action for medical, dental and podiatric malpractice, as proposed in
 legislative bills numbers S.6800 and A.8516, is REPEALED and a new para-
 graph 2 is added to read as follows:
   2. NOTWITHSTANDING PARAGRAPH ONE OF THIS SUBDIVISION, IN AN ACTION  OR
 CLAIM  FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE, WHERE THE ACTION OR
 CLAIM IS BASED UPON THE ALLEGED NEGLIGENT FAILURE TO DIAGNOSE CANCER  OR
 A  MALIGNANT  TUMOR,  WHETHER  BY  ACT  OR OMISSION, FOR THE PURPOSES OF
 SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL MUNICIPAL LAW,  SECTION  TEN
 OF THE COURT OF CLAIMS ACT, AND THE PROVISIONS OF ANY OTHER LAW PERTAIN-
 ING  TO  THE  COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING, OR TO THE
 SERVING OF A NOTICE OF CLAIM AS A CONDITION PRECEDENT TO COMMENCEMENT OF
 AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED TIME PERIOD, THE TIME
 IN WHICH TO COMMENCE AN ACTION OR  SPECIAL  PROCEEDING  OR  TO  SERVE  A
 NOTICE  OF  CLAIM  SHALL  NOT BEGIN TO RUN UNTIL THE LATER OF EITHER (I)
 WHEN THE PERSON KNOWS OR REASONABLY SHOULD HAVE KNOWN  OF  SUCH  ALLEGED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

2017-S7588A (ACTIVE) - Details

See Assembly Version of this Bill:
A9633
Law Section:
Civil Practice Law and Rules
Laws Affected:
Rpld & add §203 sub (g) ¶2, amd §214-a, CPLR; rpld §3, amd §4, Chap of 2017 (as proposed in S. 6800 and A. 8516)

2017-S7588A (ACTIVE) - Summary

Provides that where an action or claim is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, for the purposes of sections fifty-e and fifty-i of the general municipal law, section ten of the court of claims act, and the provisions of any other law pertaining to the commencement of an action or special proceeding, or to the filing of a notice of claim as a condition precedent to commencement of an action or special proceeding within a specified time period, the time in which to commence an action or special proceeding or to file a notice of claim shall not begin to run until the later of either (i) when the person knows or reasonably should have known of such alleged negligent act or omission causing injury, provided, that such action shall be commenced no later than seven years from such alleged negligent act or omission, or (ii) the date of the last treatment where there is continuous treatment for such injury, illness or condition.

2017-S7588A (ACTIVE) - Sponsor Memo

2017-S7588A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7588--A
 
                             I N  S E N A T E
 
                             January 26, 2018
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Rules  --  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 certain
   negligent  actions  or claims; to amend a chapter of the laws of 2017,
   amending the civil practice law and rules relating to accrual of caus-
   es of  action  for  medical,  dental  and  podiatric  malpractice,  as
   proposed in legislative bills numbers S. 6800 and A. 8516, in relation
   to  the effectiveness thereof; to repeal certain provisions of a chap-
   ter of the laws of 2017, amending the civil  practice  law  and  rules
   relating to accrual of causes of action for medical, dental and podia-
   tric malpractice, as proposed in legislative bills numbers S. 6800 and
   A.    8516,  relating  to  certain negligent acts or omissions; 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. Paragraph 2 of subdivision (g) of section 203 of the civil
 practice law and rules, as added by a  chapter  of  the  laws  of  2017,
 amending  the civil practice law and rules relating to accrual of causes
 of action for medical, dental and podiatric malpractice, as proposed  in
 legislative bills numbers S.6800 and A.8516, is REPEALED and a new para-
 graph 2 is added to read as follows:
   2.  NOTWITHSTANDING PARAGRAPH ONE OF THIS SUBDIVISION, IN AN ACTION OR
 CLAIM FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE, WHERE THE ACTION  OR
 CLAIM  IS BASED UPON THE ALLEGED NEGLIGENT FAILURE TO DIAGNOSE CANCER OR
 A MALIGNANT TUMOR, WHETHER BY ACT  OR  OMISSION,  FOR  THE  PURPOSES  OF
 SECTIONS  FIFTY-E  AND FIFTY-I OF THE GENERAL MUNICIPAL LAW, SECTION TEN
 OF THE COURT OF CLAIMS ACT, AND THE PROVISIONS OF ANY OTHER LAW PERTAIN-
 ING TO THE COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING,  OR  TO  THE
 SERVING OF A NOTICE OF CLAIM AS A CONDITION PRECEDENT TO COMMENCEMENT OF
 AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED TIME PERIOD, THE TIME
 IN  WHICH  TO  COMMENCE  AN  ACTION  OR SPECIAL PROCEEDING OR TO SERVE A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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