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Medical Malpractice

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What is the Statute Of Limitations for Medical Malpractice for New York State?



Most states: usually 2, 3 or 4 years.

Statutes of Limitations

In New York, any medical malpractice action must be brought within two and a half years from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. N.Y. C.P.L.R. § 214a (McKinney 1990). However, foreign object cases may be brought within one year from the date upon which the foreign object is discovered. Id. A claimant's incompetency (i.e., infancy or insanity) tolls the above-noted limitations until the disability ceases, but in medical malpractice cases this can only extend the limitations period a maximum of ten years. N.Y. C.P.L.R. § 208 (McKinney 1990).

An action alleging wrongful death must be brought within two years from the date of death. N.Y. Est. Powers & Trusts Law § 5-4.1 (McKinney Supp. 1997-1998); Krowicki v. St. Elizabeth Hospital, 113 A.D.2d 1023, 494 N.Y.S.2d 590 (1985).

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