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 Oct. 26, 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
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Feb. 2, 2018

§ 214-A’s source at nysenate​.gov

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