New York · Medical Malpractice
New York medical malpractice damage caps and statute of limitations
Refreshed 2026. No cap damage cap. 2.5 years from act, omission, or last treatment in continuous course. Full breakdown below.
Damage caps
No statuteNon-economic damages cap
None
Total damages cap
None
Status
no cap
Notes
No damage cap enacted. Legislature has considered but not passed cap bills.
Statute of limitations
NY CPLR § 214-aStandard SOL
2.5 years from act, omission, or last treatment in continuous course
Discovery rule
Very limited; only applies to foreign objects left in body (1 year from discovery or from facts suggesting foreign object). No general discovery rule.
Statute of repose
None general; 7 years for cancer misdiagnosis (Lavern's Law, 2018). 2.5 years is the standard outer limit.
Minor exception
Tolled during minority but cannot extend more than 10 years beyond standard SOL. For infants: effectively until age 10 at latest.
Wrongful death SOL
2 years from date of death
Notes
Continuous treatment doctrine tolls SOL during ongoing course of treatment for same condition. Lavern's Law (2018) added 2.5-year discovery rule for cancer misdiagnosis only. Foreign object/chemical compound/fixation device/prosthetic aid exceptions exist.
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New York med-mal FAQ
What is the medical malpractice statute of limitations in New York?+
2.5 years from act, omission, or last treatment in continuous course. Very limited; only applies to foreign objects left in body (1 year from discovery or from facts suggesting foreign object). No general discovery rule. Statute of repose: None general; 7 years for cancer misdiagnosis (Lavern's Law, 2018). 2.5 years is the standard outer limit.. Wrongful death: 2 years from date of death. Continuous treatment doctrine tolls SOL during ongoing course of treatment for same condition. Lavern's Law (2018) added 2.5-year discovery rule for cancer misdiagnosis only. Foreign object/chemical compound/fixation device/prosthetic aid exceptions exist. Source: NY CPLR § 214-a.
Does New York have a medical malpractice damage cap?+
No. New York has not enacted a medical malpractice damage cap. No damage cap enacted. Legislature has considered but not passed cap bills.
How does New York handle the discovery rule in med-mal cases?+
Very limited; only applies to foreign objects left in body (1 year from discovery or from facts suggesting foreign object). No general discovery rule.
What is the New York minor exception for medical malpractice?+
Tolled during minority but cannot extend more than 10 years beyond standard SOL. For infants: effectively until age 10 at latest.
What is the wrongful death statute of limitations for New York medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. New York damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed New York attorney before relying on a deadline. Data refreshed May 2026.