Statute of Limitations for Medical Malpractice Claims

How Long Do I Have to File?

If you or someone close to you has been harmed by medical negligence, it is important to know the statute of limitations governing these claims. Medical malpractice timelines vary by state. In New York, the general rule applying to adult patients is that a claim must be filed within two and a half years from the act that led to the medical malpractice claim.

There are, however, exceptions:

• Claims involving children: You have ten years to file a claim on behalf of a child. Keep in mind, however, the two-and-a-half-year clock starts ticking after the child turns 18, meaning you must file a claim six months after a child reaches the age of 20.
• Continuous treatment: In some cases in which the patient continues to receive treatment, the statute of limitations is extended to two and a half years after the last treatment for the illness, injury or condition. This is different than the initial date the act of malpractice occurred.
• Foreign object exception: If the lawsuit involves the doctor leaving a foreign object in the patient, the lawsuit must be filed within one year of the discovery of the object, even if that date falls after two and a half years of the initial act.
• Wrongful death: If a patient dies from an act of medical negligence, the surviving family members have two years from the date of death to file a wrongful death claim, even if this date falls more than two and a half years after the act of malpractice.

There are several other exceptions that we would be happy to discuss with you, including those involving claims against government entities. Please remember, that time limitations vary from case to case and from state to state. For a full evaluation of your case and the time limits you face, we urge you to talk to an experienced medical malpractice attorney.