Frequently Asked Questions

What is the statute of limitations for medical malpractice in New York State?

New York’s general statute of limitations is 2 years and 6 months from the malpractice date or the end of continuous treatment. Key exceptions include:

  • Foreign objects: 1 year from discovery
  • Cancer misdiagnosis (Lavern’s Law): 2 years and 6 months from when the patient knew or should have known, up to 7 years total
  • Minors: Until age 18, then 2 years and 6 months to file (max 10 years from malpractice)
  • Wrongful death: 2 years from the date of death

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