N.Y. Civil Practice Law & Rules Section 214-A
Action for medical, dental or podiatric malpractice to be commenced within two years and six months

  • exceptions

An action for medical, dental or podiatric malpractice 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; provided, however, that:

(a)

where the action is based upon the discovery of a foreign object in the body of the patient, the 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; and

(b)

where the action is based upon the alleged negligent failure to diagnose cancer or a malignant tumor, whether by act or omission, the action may be commenced within two years and six months of the later of either (i) when the person knows or reasonably should have known of such alleged negligent act or omission and knows or reasonably should have known that such alleged negligent act or omission has caused injury, provided, that such action shall be commenced no later than seven years from such alleged negligent act or omission, or

(ii)

the date of the last treatment where there is continuous treatment for such injury, illness or condition. For the purpose of this section the term “continuous treatment” shall not include examinations undertaken at the request of the patient for the sole purpose of ascertaining the state of the patient’s condition. For the purpose of this section the term “foreign object” shall not include a chemical compound, fixation device or prosthetic aid or device.

Source: Section 214-A — Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions, https://www.­nysenate.­gov/legislation/laws/CVP/214-A (updated Feb. 2, 2018; accessed Jun. 8, 2024).

201
Application of article
202
Cause of action accruing without the state
203
Method of computing periods of limitation generally
204
Stay of commencement of action
205
Termination of action
205‑A
Termination of certain actions related to real property
206
Computing periods of limitation in particular actions
207
Defendant’s absence from state or residence under false name
208
Infancy, insanity
209
War
210
Death of claimant or person liable
211
Actions to be commenced within twenty years
212
Actions to be commenced within ten or fifteen years
213
Actions to be commenced within six years: where not otherwise provided for
213‑A
Residential rent overcharge
213‑B
Action by a victim of a criminal offense
213‑C
Action by victim of conduct constituting certain sexual offenses
213‑D
Actions to be commenced within three years
214
Actions to be commenced within three years: for non-payment of money collected on execution
214‑A
Action for medical, dental or podiatric malpractice to be commenced within two years and six months
214‑B
Action to recover damages for personal injury caused by contact with or exposure to phenoxy herbicides
214‑C
Certain actions to be commenced within three years of discovery
214‑D
Limitations on certain actions against licensed engineers and architects
214‑E
Action to recover damages for personal injury caused by the infusion of such blood products which result in the contraction of the human ...
214‑F
Action to recover damages for personal injury caused by contact with or exposure to any substance or combination of substances found with...
214‑G
Certain child sexual abuse cases
214‑H
Certain actions by public water suppliers to recover damages for injury to property
214‑I
Certain actions arising out of consumer credit transactions to be commenced within three years
214‑I*2
Action to recover damages for personal injury caused by contact with or exposure to toxic burn pits
214‑J
Certain sexual offense actions
215
Actions to be commenced within one year: against sheriff, coroner or constable
216
Abbreviation of period to one year after notice
217
Proceeding against body or officer
217‑A
Actions to be commenced within one year and ninety days
218
Transitional provisions

Accessed:
Jun. 8, 2024

Last modified:
Feb. 2, 2018

§ 214-A’s source at nysenate​.gov

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