Bottar Law, PLLC

About Bottar Law, PLLC

New York’s medical malpractice statute of limitations is set forth in N.Y. C.P.L.R. section 214a, which provides that a medical malpractice action “must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure.” Where the action is based upon the discovery of a foreign object in the body of the patient, an “action may be commenced within one year of the date of such discovery or of the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier.” Under N.Y. C.P.L.R. section 208, a claimant’s infancy or insanity tolls the limitations until the disability ceases, but in medical malpractice cases this can only extend the limitations period a maximum of ten years.

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