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Section 214-A – Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions

May 14, 2021 | Civil Procedure, New York

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.

N.Y. C.P.L.R. Law ยง 214-A

Amended by New York Laws 2018, ch. 1,Sec. 2, eff. 1/31/2018.
Amended by New York Laws 2017, ch. 506,Sec. 2, eff. 1/31/2018.
See New York Laws 2018, ch. 1, Secs. 4 to 6.
See New York Laws 2017, ch. 506, Sec. 3.