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New York Medical Malpractice Law

New York Medical Malpractice Deadlines & Damage Caps

Statute of limitations, discovery rule, damage caps, filing exceptions, and notable verdicts for New York medical malpractice claims.

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:

Notable Medical Malpractice Verdicts & Settlements in New York

Verdict
$4.7M
Retained surgical sponge
2025 · Kings County Supreme Court
Sponge count documented as correct; sepsis and two revision surgeries followed.
Verdict
$9.3M
Misread mammogram
2024 · Bronx County Supreme Court
Stage 1 lesion called benign; diagnosed 26 months later at Stage 4.
Settlement
$5.2M
Stroke outside the tPA window
2023 · Nassau County Supreme Court
Symptoms charted as vertigo; CT ordered five hours after arrival.

New research notes are added to this archive as courts publish additional decisions.

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