NY Statute of Limitations for Medical Malpractice Lawsuits

Staff Writer | May 31st, 2013

Medical Malpractice in New YorkVictims of medical malpractice in New York are prohibited from asserting their rights if they don’t pursue legal action before the statute of limitations expires. According to N.Y. C.P.L.R. § 214-a, a person must initiate a medical malpractice lawsuit against a private or non-profit hospital within 2.5 years from the date of the wrongful conduct or from the date continuous medical treatment stopped. As reported in the Daily News, many patients are unjustly harmed by the statute of limitations since it often takes people more than a few months to become aware of their injuries or to realize they were harmed as a result of medical negligence.

The factors that determine when the statute of limitations begins to run are referred to as the discovery rule. In New York, the amount of time a person has to file a lawsuit differs under certain circumstances. Legal action against a municipal hospital must be initiated within 15 months after the negligent conduct occurred. If a foreign object such as a medical instrument is found in a patient’s body, a lawsuit must be filed within a year from the date of finding the foreign object or from the date of obtaining information that the error took place. If a loved one died due to medical negligence, a wrongful death action needs to be filed within two years from the date of death.

NY medical malpractice lawyer

If your injuries were caused by medical malpractice in New York, you must take the steps needed to protect your rights. The Sanders Firm understands the emotional and financial burden placed on victims and their families when they have been subjected to the negligent actions of  health care professionals. Failing to file a legal claim before the statute of limitations expires will jeopardize your ability to get the compensation you may be entitled to receive. We guide our clients throughout the legal process and represent their best interests. The Sanders Firm has utilized its litigation skills, resources, and substantive knowledge of New York laws to help clients obtain millions of dollars in court awards and settlements for more than 45 years.

Statute of limitations for medical malpractice in New York

The deadline set by the New York statute of limitations exists for several reasons. Placing a restriction on the length of time a person has to file a lawsuit increases the probability that the evidence needed for the case will still be available and it will be easier for witnesses to recall events that transpired. If a person has a valid cause of action against another party, due diligence should be used to start the legal proceedings. In many civil actions, it is considered unfair to the defendant if he or she is potentially held liable for actions that occurred a long time ago, so the deadline motivates people to file their lawsuits within a short period of time.

Even though the statute of limitations helps the judicial system operate more efficiently, victims are prohibited from pursuing a legal claim if they aren’t aware of the medical negligence right away. In some instances, it is extremely difficult for a person to discover that their injuries were caused by negligence until many years have passed. For instance, if a doctor failed to conduct proper tests or misdiagnosed a serious medical condition, the patient may not became aware of the severity of their injuries and the medical errors until several years later. Due to the complexity of tort laws and medical malpractice claims, it is imperative to speak with a NY medical malpractice lawyer if you believe you have been harmed by a healthcare provider’s negligent actions.

File a medical malpractice lawsuit in New York

If you or a loved one were harmed due to medical malpractice in Manhattan, Staten Island, Brooklyn, Queens, Bronx, or Long Island, The Sanders Firm can provide legal assistance. Schedule a free consultation so that your potential claim can be evaluated. Call us today toll-free at 1.800 FAIR PLAY (800.324.7752).


  1. New York Daily News: New York’s Statute of Limitations Hurts Victims Beyond Medical Mishaps http://www.nydailynews.com/new-york/new-york-statute-limitations-hurts-victims-medical-mishaps-article-1.1275641