What’s the Statute of Limitations for Medical Malpractice in New York?

When we put our health (and sometimes our lives) in the hands of medical professionals, we trust that they will provide competent, attentive care that meets the accepted standards of the medical community. Sadly, that trust is sometimes broken through medical negligence, commonly known as medical malpractice. Medical malpractice can take many forms, from surgical errors and misdiagnosis to medication mistakes and failures to detect serious conditions in time.

If you believe you were harmed by medical malpractice, one of the first questions you may have is: How much time do I have to file a lawsuit?

In New York, the answer is not always straightforward. The state’s medical malpractice statute of limitations has strict deadlines, along with a few exceptions that could give you more time under certain circumstances. At Leandros A. Vrionedes, P.C., we represent patients and their families who have been harmed by medical mistakes in Manhattan, Queens, Brooklyn, and the Bronx get the justice and compensation they deserve. Learn more below about the statute of limitations in medical malpractice claims. For immediate assistance or to discuss your potential claim, contact our office to speak with a skilled and experienced New York medical malpractice lawyer.

The Basic Medical Malpractice Statute of Limitations in New York

In most cases, you have two years and six months from the date of the alleged malpractice to file a lawsuit against the negligent doctor, hospital, or other healthcare provider. This means that if you wait longer than two and a half years, the court will almost certainly dismiss your case, even if your claim is otherwise valid. This time limit applies whether you were injured by a hospital, a private doctor, a dentist, or another licensed medical professional.

The “Continuous Treatment” Exception

Medical malpractice cases often involve ongoing care for the same condition. If you continued to see the same doctor or hospital for treatment related to the condition caused by the malpractice, you may benefit from what’s called the continuous treatment doctrine.

Under this rule, the statute of limitations may not start running until your treatment with that provider ends. This prevents patients from having to sue their doctor while still under their care for the same issue.

For example, if a doctor failed to diagnose an infection and kept treating you for it over many months, the clock may not start ticking until the last date of treatment for that condition.

The Discovery Rule for Foreign Objects

New York law also makes an important exception for cases involving foreign objects left in a patient’s body, such as a surgical sponge or instrument left behind during an operation. In these cases, you have:

• One year from the date you discover (or should have discovered) the foreign object, OR
• Two years and six months from the date of the surgery,

whichever is longer.

This exception recognizes that patients often do not know immediately that something was left inside them, and sometimes the object isn’t discovered for months or even years later.

Special Rules for Minors and the Mentally Incapacitated

If the victim of medical malpractice was a child at the time when the negligence occurred, the statute of limitations is extended. The child generally has until two years and six months after their 18th birthday to file suit, but no more than 10 years from the date of the malpractice. Similarly, if the patient was mentally incapacitated when the malpractice happened, special rules may apply.

Claims Against Municipal or Public Hospitals

Claims against public hospitals, like those operated by the New York City Health and Hospitals Corporation (NYC HHC), have even shorter deadlines. In these cases, you must:

• File a Notice of Claim within 90 days of the malpractice, and
• File your lawsuit within one year and 90 days from the date of the malpractice.

Missing these strict deadlines can permanently bar your claim. If your case involves a municipal hospital or city-run facility, you should speak to a qualified attorney immediately.

Why Acting Quickly Is So Important

Medical malpractice claims are among the most complex types of personal injury cases. They often require thorough investigation and review of medical records, consultation with medical experts, and detailed preparation of legal filings. Waiting too long can jeopardize critical evidence, make it harder to find willing expert witnesses, and increase the risk that your claim will be dismissed as time-barred.

What Compensation Can You Recover for Medical Malpractice in New York?

If your malpractice lawsuit is filed within the statute of limitations and you prove negligence, you may be entitled to recover damages for the full range of harm you have endured or will face in the future. This can include, for example:

• Past and future medical expenses
• Lost wages and loss of earning capacity
• Pain and suffering
• Long-term disability or disfigurement
• Emotional distress
• Wrongful death damages, if a loved one passed away due to malpractice

These cases can be financially and emotionally complex, but they play an essential role in holding medical providers accountable and helping patients and families rebuild their lives.

Talk to an Experienced New York Medical Malpractice Attorney

If you believe you were harmed by a medical mistake or negligence, don’t wait to find out your rights. At Leandros A. Vrionedes, P.C., we can help you determine exactly when your statute of limitations runs out, whether any exceptions apply, and how to take the next steps. Contact us today for a free consultation. We’ll listen to your story, review your medical records, and help you pursue the full compensation you deserve, before it’s too late.