New York S 4225: Relates to the time to commence certain medical malpractice actions

Bill Text

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S04225 Summary:

BILL NOS04225 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd §214-a, CPLR; amd §2805-l, add §§2832 & 2833, Pub Health L

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Relates to the time to commence certain medical malpractice actions; provides that actions related to acts or omissions of hospitals where an incident report is required to be filed may be filed within one year of the required filing.

Go to top S04225 Actions:

BILL NOS04225 

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02/03/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS04225 Committee&nbspVotes:

Go to topS04225 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04225 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4225

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 Introduced by Sen. PARKER -- 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 public health
 law, in relation to the time to commence certain malpractice actions

 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. (a) 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].
 10 (b) (1) Notwithstanding subdivision (a) of this section, an action for
 11 medical, dental or podiatric malpractice need not be commenced within
 12 two years and six months of the act, omission or failure complained of
 13 or last treatment where there is continuous treatment for the same
 14 illness, injury or condition which gave rise to the said act, omission
 15 or failure, if the defendant is a hospital as defined in subdivision ten
 16 of section twenty-eight hundred one of the public health law, and has
 17 failed to file an incident report as required by section twenty-eight
 18 hundred five-l of such law in connection with the incident that is the
 19 subject of the malpractice action. In such case, the action may be
 20 commenced within one year of the date of the required filing.
 21 (2) Notwithstanding subdivision (a) of this section, an action for
 22 medical, dental or podiatric malpractice need not be commenced within
 23 two years and six months of the act, omission or failure complained of
 24 or last treatment where there is continuous treatment for the same
 25 illness, injury or condition which gave rise to the said act, omission

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07873-01-5

 S. 4225 2

 1 or failure, where such action is against a hospital as defined in subdi-
 2 vision ten of section twenty-eight hundred one of the public health law,
 3 regardless of whether such action is otherwise barred by subdivision (a)
 4 of this section against any individual licensed under title eight of the
 5 education law, where either such individual or such hospital has failed
 6 to file an incident report as required by section twenty-eight hundred
 7 five-l of the public health law in connection with the incident that is
 8 the subject of the malpractice action. In such case, the action may be
 9 commenced within one year of the date of the required filing.
 10 (c) Where the action is based upon the discovery of a foreign object
 11 in the body of the patient, the action may be commenced within one year
 12 of the date of such discovery or of the date of discovery of facts which
 13 would reasonably lead to such discovery, whichever is earlier; and
 14 [(b)] (d) where the action is based upon the alleged negligent failure
 15 to diagnose cancer or a malignant tumor, whether by act or omission, the
 16 action may be comm