Medical Malpractice · Statute of Limitations
Malpractice Lawsuit Deadline in New York
How long you have to sue a doctor or hospital for malpractice in New York, the statute of limitations, plus when the clock starts, the discovery rule, the statute of repose, and the shorter deadline for suing a public hospital. Cited to the statute.
How the deadline works in New York
When the clock starts, whether a discovery rule can delay it, the statute of repose, and the deadlines that differ for particular claims.
| How the clock works | In New York | What it means |
|---|---|---|
| Standard deadline | 2.5 years | The general limitations period to file a medical-malpractice claim. |
| When it starts | Accrual | The 30 months generally runs from the date of the act, omission, or failure, not from discovery. The continuous-treatment doctrine can pause it: the clock does not start until the end of continuous treatment by that provider for the same condition. Two narrow discovery exceptions apply, for foreign objects and for cancer misdiagnosis. |
| Discovery rule | Yes | New York has no general discovery rule, but two statutory exceptions. A foreign object left in the body carries one year from discovery. For a negligent failure to diagnose cancer or a malignant tumor, the clock runs from when the patient knew or should have known, capped at seven years from the act (the 2018 provision often called Lavern’s Law). |
| Statute of repose | None | There is no general statute of repose for ordinary malpractice. The only outer cap is the seven-year ceiling inside the cancer-misdiagnosis exception. Ordinary claims are simply the 30-month clock, extended by continuous treatment where it applies. |
| Statute | N.Y. C.P.L.R. §214-a | The controlling statute for the limitations period. Read the full text through the source link below. |
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Public or municipal hospital | 90-day notice of claim | A claim against a public hospital, such as NYC Health + Hospitals or a county facility, generally requires a notice of claim within 90 days and suit within a shorter overall window under the municipal-claims rules. Confirm the exact deadlines for your specific public defendant. |
| Foreign object left in body | 1 year from discovery | Where the claim is based on discovery of a foreign object in the body, the statute allows one year from the date of discovery. The statute excludes a chemical compound, a fixation device, or a prosthetic aid or device from that definition. |
| Cancer misdiagnosis | 2.5 yrs from discovery, 7-yr cap | For a negligent failure to diagnose cancer or a malignant tumor, the 30 months runs from when the patient knew or should have known, but the action must be commenced no later than seven years from the act. This is the 2018 provision. |
| Minor plaintiff | Tolled during infancy | Infancy tolls the clock, but a malpractice claim by a minor is subject to an overall outer cap measured from the act. Confirm the current cap for a child’s claim with a New York attorney. |
What you can do right now
Concrete, neutral steps if you were harmed by care in New York and the clock is running. This is legal information, not legal advice.
- Count 30 months from the negligent act
Write down the date of the malpractice. Your deadline is two years and six months from that date, unless continuous treatment or one of the two discovery exceptions applies. Marking it early keeps the shorter clock from slipping.
- Ask whether continuous treatment applies
If the same provider kept treating you for the same condition, the clock may not start until that treatment ended. That can extend your deadline, but it is fact-specific, so confirm it rather than assume it.
- If a public hospital treated you, act within 90 days
A claim against a city or county hospital usually requires a notice of claim within 90 days. That window is far shorter than 30 months, so identify any public defendant right away.
- Talk to a New York malpractice attorney before the deadline
The 30-month clock, continuous treatment, and the two discovery exceptions turn on your specific facts. A licensed New York attorney can confirm your exact deadline. The State Bar can refer you to one.
A malpractice deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ New York State Bar — Lawyer ReferralThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What New York malpractice claimants get wrong
New York gives malpractice claims 30 months, two years and six months, which is longer than the ordinary injury clock but comes with sharp edges. Under CPLR §214-a the time runs from the negligent act, not from discovery, so a patient who realizes the harm years later is usually out of luck unless a narrow exception fits. Two exceptions do exist: a foreign object left inside the body gives one year from discovery, and a negligent failure to diagnose cancer runs from discovery but is capped at seven years from the act. The continuous-treatment doctrine can help the other way, pausing the clock while the same provider keeps treating the same condition. The trap most people miss is the public hospital: a claim against a city or county facility usually needs a notice of claim within 90 days, a fraction of the 30 months. If any of these fit your case, confirm the deadline early.
Common questions
What is the statute of limitations for medical malpractice in New York?
Two years and six months from the act, omission, or failure, under CPLR §214-a. The continuous-treatment doctrine can delay the start, and two narrow discovery exceptions apply for foreign objects and cancer misdiagnosis.
What is Lavern’s Law in New York?
It is the 2018 provision that added a discovery rule for a negligent failure to diagnose cancer or a malignant tumor. The 30-month clock runs from when the patient knew or should have known, but suit must be filed no later than seven years from the act.
Does the deadline change if a surgeon left an object inside me?
Yes. A foreign object left in the body gives you one year from the date you discovered it. The statute excludes a fixation device, a prosthetic, or a chemical compound from that foreign-object rule.
How does continuous treatment affect the malpractice clock in New York?
If the same provider kept treating you for the same condition, the 30-month clock may not begin until that continuous treatment ended. It can extend your deadline, but it is fact-specific, so have an attorney confirm whether it applies.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.