When an individual is injured by medical malpractice in the State of New York, prompt action is critical. New York has strict time deadlines, known as statutes of limitation, for commencing civil lawsuits. The statutes of limitation vary depending on the nature of the lawsuit. The court will dismiss a lawsuit that is commenced after the applicable statute of limitations has expired.
In New York, the general statute of limitations for medical malpractice claims is two years and six months. This 30-month limit begins to run either on the date of the malpractice, or the date of last treatment if there was continuous treatment for the condition that gave rise to the malpractice.