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 general rule is two years and six months
Under CPLR 214-a, a New York action for medical, dental, or podiatric malpractice generally must be commenced within two years and six months of the act, omission, or failure complained of. This can be much shorter than people expect, and the clock may run before the full extent of an injury is known.
Continuous treatment can change the calculation
The statute measures time from the last treatment when there is continuous treatment for the same illness, injury, or condition that gave rise to the alleged malpractice. Merely returning for an examination to learn the status of a condition does not necessarily qualify. Whether treatment was truly continuous is a fact-specific legal question.
There are limited statutory exceptions
A claim based on discovery of a qualifying foreign object may be commenced within one year of discovery, or discovery of facts that reasonably should have led to discovery, whichever is earlier. The statute excludes chemical compounds, fixation devices, and prosthetic aids or devices from its definition of a foreign object. CPLR 214-a also contains a specific rule for certain negligent failures to diagnose cancer or a malignant tumor, subject to an outside seven-year limit.
Public hospitals and government providers can involve additional rules
A claim involving a municipal hospital, public benefit corporation, the State, or another government-related provider may require a notice of claim or notice of intention and may be governed by a shorter deadline or a different filing procedure. Identifying the correct legal entity immediately is critical.
Do not calculate the deadline yourself
Infancy, death, continuous treatment, the identity of the defendant, and the nature of the alleged error can alter the analysis. The safest course is to obtain legal advice promptly and provide every potentially relevant treatment date.
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.