What Is the Statute of Limitations for Medical Malpractice in New York?
In New York, the statute of limitations for medical malpractice is generally 2.5 years under N.Y. C.P.L.R. § 214-a.
Medical malpractice Deadlines in New York
How long do you have to file a medical malpractice claim in New York?
In New York, the statute of limitations for medical malpractice is generally 2.5 years under N.Y. C.P.L.R. § 214-a.
When does the clock start for medical malpractice in New York?
Two years and six months for medical, dental, or podiatric malpractice, generally from the act complained of or the end of continuous treatment for the same condition.
Can the New York deadline for medical malpractice be extended?
The continuous treatment doctrine requires an ongoing therapeutic relationship for the same condition. A retained foreign object runs one year from discovery. Lavern's Law provides a discovery rule for certain cancer misdiagnosis claims.
Is the deadline different if the claim is against the government in New York?
Often, yes. Notice of claim served within 90 days under N.Y. Gen. Mun. Law § 50-e. A notice of claim must be served within 90 days after the claim arises. The lawsuit itself must generally be commenced within one year and 90 days under § 50-i — far shorter than the three-year CPLR period that would otherwise apply. The municipality may deman…
How does New York compare to other states for medical malpractice?
New York's 2.5 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in New York:
