Every potential claim turns on its own medical history, evidence, responsible parties, and deadlines. The points below are a starting place—not a substitute for advice about a particular case.
The ordinary malpractice period is two years and six months
CPLR 214-a generally measures the period from the challenged act or omission, or from the last qualifying continuous treatment for the same condition. The applicable date depends on the precise claim and treatment history.
Infancy can extend the child’s time, but only so far
CPLR 208 may toll a child’s claim while the child is a minor. For medical malpractice, however, the infancy extension cannot carry the filing time beyond ten years after the claim accrues. Parents should not assume they can wait until the child turns eighteen.
A parent’s own claim may follow a different clock
A child’s claim and a parent’s individual claim are not necessarily governed by the same toll. If the mother was injured during pregnancy or delivery, her claim needs a separate deadline analysis as well.
Public providers may require early action
Claims involving a municipal hospital, public benefit corporation, or other government-related provider may have notice-of-claim or other procedural requirements. The exact defendant matters, and a missed notice deadline can create a problem long before the child’s tenth birthday.
Seek review while evidence is available
Labor tracings, electronic records, notes, imaging, and witness recollections should be identified and preserved early. Even if the child’s future needs are still developing, counsel can evaluate the legal deadline and begin a medical review.
Related information
Records that matter in a birth injury case and more about New York malpractice deadlines.
This article provides general information, not legal advice. Reading it or contacting Noah does not create an attorney-client relationship. Results depend on the facts and law applicable to each matter.