Statute of limitations for medical malpractice in New York

New York medical, dental, and podiatric malpractice actions generally must be filed within two years and six months of the act, omission, failure, or last treatment for the same condition. Foreign-object and cancer-misdiagnosis rules can alter the calculation.

SoL period

2 years 6 months

From the date the cause of action accrues

Compute your deadline

Filing deadline

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Where this rule comes from

Statute

N.Y. C.P.L.R. § 214-a

"Medical malpractice must be commenced within two years and six months."

Read the full statute Last verified May 7, 2026 by Juryvine Editorial

What can extend or pause this clock

Discovery rule. New York has special discovery extensions for foreign objects and certain negligent-failure-to-diagnose cancer claims under CPLR 214-a.

Frequently asked

What is the statute of limitations for medical malpractice in New York?: 2 years 6 months from the date the cause of action accrues. Authority: N.Y. C.P.L.R. § 214-a.
What if the injury wasn't immediately apparent?: New York has special discovery extensions for foreign objects and certain negligent-failure-to-diagnose cancer claims under CPLR 214-a.

Medical Malpractice statute by state

California 1 year Florida 2 years Illinois 2 years Pennsylvania 2 years Texas 2 years

Other New York statutes of limitations

Personal Injury 3 years Wrongful Death 2 years Breach of Written Contract 6 years Breach of Oral Contract 6 years Fraud 6 years Civil Rights — 42 U.S.C. § 1983 3 years Premises Liability 3 years Product Liability 3 years

Not legal advice. Statutes of limitations are governed by complex doctrine with many exceptions. Use this page as a starting point and verify with an attorney before relying on any deadline. Juryvine is not a law firm and does not represent clients.