What is the New York statute of limitations for medical malpractice lawsuits?
First things first. For those who are new to the language of "legalese," a "statute of limitations" is a specific kind of law that puts a strict time limit on your right to file a lawsuit in your state's civil court system after you have suffered some type of injury or loss. There are different deadlines depending on the kind of case you're filing.
Like many states, New York has passed a specific statute of limitations for application to medical malpractice cases: New York Civil Practice Law and Rules section 214-a.
This rule says that, starting from the day when you were injured or harmed because of a health care professional's medical error, you have two and a half years to get your lawsuit filed in New York. However, if the malpractice occurred as part of a continuing course of treatment, the statute of limitations is "tolled" (meaning that the 30-month "clock" doesn't start running) until the date of your last treatment.
New York uses what's known as the "discovery rule" in two specific types of medical malpractice cases:
The statute of limitations for medical malpractice cases is also tolled under some other circumstances. For instance, New York Civil Practice Law and Rules section 208 says that in cases involving plaintiffs (those filing the lawsuit) who were minor children or were insane, the time to file a lawsuit may be extended until they turn 18 or are no longer mentally disabled—but not more than 10 years after the alleged malpractice.