New York law (CPLR § 214-a) establishes strict deadlines for filing medical malpractice cases:
Standard deadline: 2 years and 6 months from the date of malpractice or the last date of continuous treatment for that condition.
Foreign object exception: If surgical instruments, sponges, or other objects were left inside your body, you have one year from discovery to file—even if decades have passed since the procedure.
Lavern’s Law (cancer misdiagnosis): If your cancer or malignant tumor was misdiagnosed after January 31, 2018, the clock starts when you discover (or should have discovered) the error. However, you must file within 7 years of the negligent act regardless of when discovery occurs.
Minors (infancy tolling): Children have until their 18th birthday plus 2.5 years, or 10 years from the malpractice—whichever comes first.
Public hospital claims: You must file a Notice of Claim within 90 days when pursuing claims against government-operated facilities.
Missing these deadlines typically means losing your right to recover compensation entirely.