New York Medical Malpractice Law at a Glance
Statute of Limitations
2.5 years from act or end of treatment
Discovery Rule
Limited — Lavern's Law for cancer
Damage Cap
None
Key Statute
NY medical malpractice law
State-specific statutes and case law govern filing deadlines and damage limitations.
Filing Exceptions & Tolling Provisions in New York
The following exceptions may extend or modify the standard filing deadline in New York:
- Foreign object: 1 year from discovery
- Cancer misdiagnosis: 2.5 yrs from discovery, 7-yr max
- Minors: up to 10 years
- Public hospitals: 90-day notice
Notable Medical Malpractice Verdicts & Settlements in New York
Verdict
$4.7M
Retained surgical sponge
Sponge count documented as correct; sepsis and two revision surgeries followed.
Verdict
$9.3M
Misread mammogram
Stage 1 lesion called benign; diagnosed 26 months later at Stage 4.
Settlement
$5.2M
Stroke outside the tPA window
Symptoms charted as vertigo; CT ordered five hours after arrival.
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