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Medical Malpractice Rules in New York

The deadline to file a medical malpractice claim in New York, the discovery rule, and caps on damages.

Short answer: Two years and six months from the act or omission, or from the last treatment when there is continuous treatment for the same condition. N.Y. CPLR 214-a

Medical malpractice deadlineTwo years and six months from the act or omission, or from the last treatment when there is continuous treatment for the same condition. Exceptions: for a foreign object left in the body, one year from discovery (or discovery of facts that would reasonably lead to it), whichever is earlier; for negligent failure to diagnose cancer or a malignant tumor, two years and six months from when the patient knew or should have known of the negligence and resulting injury (or from the last continuous treatment), but no later than seven years after the act or omission.
Re-verified 2026-10-27.

More New York personal injury & wrongful death

FAQ

What is the statute of limitations for medical malpractice in New York?
Two years and six months from the act or omission, or from the last treatment when there is continuous treatment for the same condition. Exceptions: for a foreign object left in the body, one year from discovery (or discovery of facts that would reasonably lead to it), whichever is earlier; for negligent failure to diagnose cancer or a malignant tumor, two years and six months from when the patient knew or should have known of the negligence and resulting injury (or from the last continuous treatment), but no later than seven years after the act or omission.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.