In New York, you generally have two and a half years (30 months) from the date of the malpractice — or from the end of continuous treatment for the same condition — to file a medical malpractice lawsuit. Important exceptions apply: under Lavern’s Law, claims for failure to diagnose cancer or a malignant tumor can run from when the patient discovered (or should have discovered) the malpractice. Claims against public hospitals have much shorter deadlines, often requiring a notice of claim within 90 days.
New York’s basic medical malpractice deadline is two and a half years from the date the malpractice occurred. Miss it, and the claim is almost always barred no matter how strong it is — which is why timing is one of the first things a malpractice attorney checks.
Two key extensions can change the start date. The continuous treatment doctrine pauses the clock while you remain under the provider’s care for the same condition — the 2.5 years runs from the end of that treatment, not the original error. And Lavern’s Law, enacted in 2018, created a discovery rule specifically for cancer and malignant tumor misdiagnosis: the time can run from when the patient knew or reasonably should have known of the missed diagnosis, with an outer limit.
Claims against city and public hospitals (such as NYC Health + Hospitals facilities) are different and far less forgiving. They typically require filing a formal notice of claim within 90 days of the malpractice, with the lawsuit itself on a shorter overall timeline. Missing the notice deadline can end the case before it starts.
Because the deadlines are strict and the exceptions are technical, anyone who suspects malpractice is generally wise to consult a New York malpractice attorney promptly — well before the deadline — so the correct timeline is identified for their specific situation.
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What is the medical malpractice statute of limitations in New York?
Generally two and a half years (30 months) from the date of the malpractice or the end of continuous treatment for the same condition. Exceptions can change the start date.
What is Lavern's Law?
A 2018 New York law that lets certain cancer and malignant-tumor misdiagnosis claims run from when the patient discovered, or reasonably should have discovered, the malpractice — rather than strictly from the date it occurred.
Are deadlines different for public hospitals in New York?
Yes. Claims against public or city hospitals usually require a notice of claim within 90 days and follow a shorter overall timeline, so they demand especially prompt action.