Don’t Miss the Deadline: Understanding New York’s Statute of Limitations for Medical Malpractice

By seriousl December 22, 2025

In the U.S., 72% of medical malpractice cases are dropped, denied, or dismissed without trial or settlement, according to analysis of more than 46,000 cases from the CRICO CBS database. In New York, deadlines under CPLR § 214‑a are strictly enforced—miss the statutory limit by even a single day, and the courts will dismiss your claim. For example, in Ford v. Lee (2021), a plaintiff alleged a failure to diagnose lung cancer dating back to May 2014 but filed the lawsuit in 2020. The court held that the claim was time‑barred under the 2 1⁄2‑year limit from CPLR 214‑a because no continuous treatment or other exception applied.

Understanding New York’s statute of limitations for medical malpractice is essential. If you or a family member believes injury occurred because of medical negligence, you must act before the deadline expires. Speaking with an experienced medical malpractice lawyer in NYC promptly can protect your right to compensation..

The NYC Standard Deadline 

New York law sets the standard statute of limitations for medical malpractice claims at two years and six months from the date of the alleged negligent act or omission. This applies to most cases against doctors, hospitals, nurses, and other healthcare providers.

This deadline is strictly enforced, even if you are still suffering from the effects of the malpractice. If you try to file a lawsuit after two years and six months, New York courts will almost always dismiss your case, regardless of its merits. For this reason, it is critical to consult a Malone medical negligence lawyer as soon as you suspect medical negligence.

For example, a patient in Malone, NY, who experiences a surgical error on January 1, 2023, would have until July 1, 2025, to initiate a lawsuit. Waiting past this date—even by a single day—can forfeit your right to any compensation.

The Continuous Treatment Exception

Some victims don’t realize they’ve been harmed until months—or even years—after the initial treatment. New York’s “continuous treatment” doctrine can extend the deadline if the negligent care was part of an ongoing course of treatment for the same condition, illness, or injury.

Under this rule, the clock starts ticking at the end of the continuous treatment, not the date of the first mistake. This exception is designed to protect patients who remain under the care of a provider for a particular health issue and trust that the treatment is ongoing.

For example, a patient receives ongoing cancer treatment from 2022 through the end of 2024. If the doctor fails to diagnose a related complication during this period, the statute of limitations would start when the treatment for that specific condition ends—not the date of the first missed diagnosis.

For those unsure whether the continuous treatment rule applies, new york personal injury attorneys can help analyze your medical records and timeline. This exception is complex, and any delay can still be fatal to your case. Don’t wait to get answers from a medical malpractice lawyer.

Special Deadline for Foreign Objects

One of the few scenarios with a longer window involves cases where a foreign object—like a surgical sponge or instrument—is left inside the patient’s body. If this happens, New York law gives you one year from the date you discovered (or should have discovered) the object to file suit, even if the standard two years and six months have expired.

However, this exception does not apply to failed diagnosis or medication errors—only tangible foreign objects left during a procedure. For example, a Malone, NY patient has abdominal pain after surgery in 2021. In 2025, an X-ray revealed a sponge was left inside. That patient has one year from the date of discovery (not from the original surgery) to file suit, with some limits if more than ten years have passed. This rule underscores the importance of immediate legal consultation with a medical injury lawyer if something seems wrong after a procedure.

Special Deadline for Minors and the Incapacitated

For minors (children under age 18), New York law tolls—or pauses—the statute of limitations until the child’s 18th birthday. The child then has two years and six months after turning 18 to file a medical malpractice claim, but with a maximum cap: no claim may be filed more than ten years after the alleged malpractice.

For patients who are incapacitated (e.g., severe brain injury), New York law sometimes allows the deadline to be extended until the incapacity ends, with certain restrictions. These rules are highly technical. Working with an experienced NY malpractice attorney ensures you don’t inadvertently lose your child’s rights.

Wrongful Death Claims

If medical negligence causes death, New York’s statute for wrongful death is two years from the date of death. This is a shorter deadline than the standard medical malpractice statute, and the personal representative of the estate—not just any family member—must bring the claim. The two-year period applies even if the underlying malpractice occurred earlier, so families must act quickly to preserve their right to compensation.

Contact a New York Medical Malpractice Lawyer Before It’s Too Late

Every day matters when it comes to filing a medical malpractice claim in New York. Whether you are dealing with a recent surgical error, a delayed diagnosis, or a tragic loss, the law gives you only a limited window to act. Poissant, Nichols, Grue, Vanier & Babbie, P.C. is dedicated to helping individuals and families protect their rights and recover the compensation they deserve. Contact us today to get started.