What Is New York's Medical Malpractice Statute of Limitations?

A "statute of limitations" is a specific kind of law that puts a strict time limit on your right to file a lawsuit. Every state has these laws on the books, with different deadlines depending on the kind of case you're filing. In New York, as in every state, when a patient is injured by a medical error or other sub-standard medical treatment, their right to have their "day in court" hinges on complying with the statute of limitations for medical malpractice cases.

How Long Do I Have to File a Medical Malpractice Lawsuit in New York?

Like most states, New York has passed a specific statute of limitations medical malpractice cases: New York Civil Practice Law and Rules section 214-a gives you two and a half years to get your medical malpractice lawsuit filed in one of New York's courts.

When Does the New York Statute of Limitations "Clock" Start for Medical Malpractice Cases?

In most situations, the statute of limitations "clock" starts on the day you were harmed by sub-standard care. But if the malpractice occurred as part of a continuing course of treatment, New York law says the statute of limitations is "tolled" (meaning that the 30-month "clock" doesn't start running) until the date of your last treatment that as part of that course of care.

Get the basics on the statute of limitations in medical malpractice cases.

Does New York Use the "Discovery Rule" in Medical Malpractice Cases?

Yes. New York follows the "discovery rule" in two specific types of medical malpractice cases. When this rule applies, it can change when the statute of limitations "clock" is said to start.

First, when the lawsuit is based on a foreign object left in the patient's body (during surgery, for example), the patient will have up to one year to file the lawsuit, starting on the date when:

• the patient actually discovers what happened, or
• the patient learns facts that "would reasonably lead" to such a discovery, whichever is earlier.

Second, if a medical malpractice case is based on a health care provider's negligent failure to diagnose cancer, the patient must file their lawsuit in New York's courts within 30 months after:

• the date the patient knew or should've known about the negligence, and that it was the cause of their injuries, or
• the date of the last treatment in a continuous course of care for the patient's original health problem, whichever is later.

Note that New York law typically bars you from filing a medical malpractice lawsuit over negligent failure to diagnose cancer if more than seven years have passed since the occurrence of the negligence.

Can New York's Medical Malpractice Statute of Limitations Be Extended?

In certain circumstances, yes. For instance, New York Civil Practice Law and Rules section 208 says that in cases involving patients who were minor children or were declared legally incapacitated at the time of the malpractice, the statute of limitations deadline may be extended until the person turns 18 or is no longer mentally disabled. But note that the deadline usually won't be extended beyond 10 years after the alleged malpractice occurred.

What If I File a Medical Malpractice Lawsuit After the Statute of Limitations Deadline?

If the statute of limitations deadline has passed, but you file your medical malpractice lawsuit in New York's court system anyway, the health care provider you're trying to sue will almost certainly point out the passed deadline, and ask the court to dismiss your case.

Once that happens, the court will grant the dismissal (unless you're entitled to an extension), and you'll lose your right to hold the health care provider accountable for your harm. That's why it's so crucial to comply with the filing deadline.

The statute of limitations is only one piece of the complex puzzle of a medical malpractice lawsuit. If you're wondering whether you've got a valid case against a New York health care provider, it might make sense to discuss your situation with a medical malpractice lawyer, to make sure your rights are protected and all your options are preserved.