New York’s Statute of Limitations for Medical Malpractice: Key Deadlines You Can’t Afford to Miss

By seriousl February 17, 2025

New York holds a statute of limitations for those looking to file a medical malpractice claim, and these deadlines are critical for anyone who has suffered harm due to a healthcare provider’s negligence. If you believe you or a loved one has been harmed, seeking guidance from a medical malpractice lawyer without delay is vital. Our team at Poissant, Nichols, Grue, Vanier & Babbie, P.C. stands ready to address your questions. Call us now at 518-483-1440 or visit this page for immediate help.

The Standard Deadline in New York

The most common rule gives injured patients two and a half years to file a lawsuit. This statutory timeframe typically starts on the date the injury occurred. However, if you continue to see the same medical professional for the condition in question, the clock may begin once that “continuous treatment” ends. 

Health providers might argue about when a patient’s treatment officially concluded, so prompt action is vital. Delays often make it harder to gather medical records or secure testimony from professionals who treated you. Thorough and early preparation can bolster the strength of a claim (N.Y. CPLR § 214-a).

Continuous Treatment Principle

The clock may be paused when you remain under the care of the same medical professional for the issue that led to the alleged malpractice. For example, if a surgeon continues follow-up visits and wound care after a procedure that caused harm, the time to sue may start only after those follow-up services have finished. However, disputes can arise over precisely when treatment ends. To safeguard your right to compensation, it is essential to secure all medical records promptly and consult with a medical malpractice lawyer in NY who understands how these deadlines are enforced.

Exceptions and Special Circumstances

Some circumstances allow the filing period to be extended or altered:

• Foreign Object Rule
  If a surgical instrument, sponge, or other foreign object is inadvertently left inside the patient’s body, the statutory period may begin only when the object is discovered (or should have been discovered) (N.Y. CPLR § 214-a). In such cases, you typically have one year from the date of discovery to start legal proceedings.
• Minors
  For patients under 18, the deadline may not begin until their 18th birthday. Nonetheless, there is an overall cap that generally prevents initiating the lawsuit more than 10 years after the malpractice took place (N.Y. CPLR § 208). This rule aims to protect children who are unable to act on their own behalf.
• Cancer Misdiagnosis (Lavern’s Law)
  If the claim involves a failure to diagnose or a misdiagnosis of cancer or a malignant tumor, New York’s Lavern’s Law applies (amending N.Y. CPLR § 214-a). Injured individuals have 2.5 years from the date they discovered—or should have discovered—the malpractice to commence a lawsuit, with an overall cap of 7 years from the date of the misdiagnosis. This adjustment was designed to address the delay in recognizing missed cancer diagnosis.
• Mental Disability
  If a patient is deemed mentally incompetent when the malpractice occurred, the statute of limitations for medical malpractice may be paused until the disability ends. However, there are legal ceilings to ensure claims are not delayed indefinitely (N.Y. CPLR § 208).

These details emphasize why collaboration with New York medical malpractice attorneys is crucial. Our team in Malone understands how to confirm whether an exception applies to your situation. 

Wrongful Death and Medical Negligence

When a patient dies due to medical negligence, the statute of limitations for medical malpractice can change. A wrongful death lawsuit typically must be initiated within two years from the date of death (N.Y. Estates, Powers & Trusts Law § 5-4.1). However, nuances arise if the death occurred after a delayed discovery of malpractice. Medical negligence lawyers can clarify that the surviving family’s claim might differ from a personal injury action the patient could have filed while alive. It is essential to handle these deadlines carefully, given the emotional and legal complexities surrounding a loved one’s passing. 

Malpractice Claim? NY Deadlines Matter!

Poissant, Nichols, Grue, Vanier & Babbie, P.C. provides the support and unparalleled legal skill needed to address New York’s strict medical malpractice filing deadlines, backed by real results and a proven record. Contact us today at 518-483-1440 or visit this page. Let our team of medical injury lawyer professionals guide you toward relief and fair compensation.