New York Medical Malpractice Laws

New York medical malpractice claims must be filed within 2 years and 6 months (2.5 years) from the date of the negligent act or last treatment. Unlike many states, New York does not have a general discovery rule for medical malpractice — the clock runs from the act, not from when you discovered the injury (except for foreign objects left in the body). There are no caps on compensatory damages, but future damages over $250,000 must be paid periodically.

Last verified: 2026-02-25

Statute of Limitations

2 years and 6 monthsN.Y. C.P.L.R. § 214-a

Medical malpractice claims must be filed within 2.5 years of the negligent act or last treatment in a continuous course of treatment. New York does NOT have a general discovery rule — even if malpractice is discovered later, the SOL may have already expired.

Exceptions

Foreign Objects — 1 year from discoveryN.Y. C.P.L.R. § 214-a

If a foreign object was left in the body during surgery, the 1-year discovery rule applies from when the object was or should have been discovered.

Continuous Treatment DoctrineN.Y. C.P.L.R. § 214-a

The SOL is tolled during continuous treatment by the same provider for the same condition that gave rise to the malpractice claim. The period begins from the date of last treatment.

Minors (Capped at 10 Years) — Tolled until age 18, but capped at 10 years from the actN.Y. C.P.L.R. § 208

Infancy tolling in medical malpractice is capped at 10 years from the date of the act — a significantly shorter extension than for other personal injury cases.

Fault & Liability Rules

Pure Comparative FaultN.Y. C.P.L.R. § 1411

The same pure comparative fault rules apply as in general personal injury. If a patient's own negligence contributed to the injury, the award is reduced proportionally.

Damage Caps

Compensatory Damages: No cap

There is no cap on economic or non-economic damages in medical malpractice cases.

Future Damages (Periodic Payment): Future damages over $250,000 paid periodicallyN.Y. C.P.L.R. Article 50-A

For medical malpractice judgments, future damages exceeding $250,000 must be paid in periodic installments rather than as a lump sum. Past damages and future damages up to $250,000 are paid in a lump sum.

Filing Requirements

Certificate of MeritN.Y. C.P.L.R. § 3012-a

The plaintiff's attorney must file a certificate of merit stating they consulted with at least one physician and concluded there is a reasonable basis for the action.

Key New York Statutes

Periodic Payment of Future DamagesN.Y. C.P.L.R. Article 50-A

New York's unique structured judgment system requires future damages in medical malpractice exceeding $250,000 to be paid periodically rather than as a lump sum. This applies only to medical, dental, and podiatric malpractice.

Official Sources

New York Senate — Laws New York State Education Department — Office of the Professions

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at New York Senate — Laws. For advice about your specific situation, consult a licensed attorney.

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