New York Medical Malpractice Attorneys

New York's statute of limitations for medical malpractice is two years and six months (30 months) from the date of the negligent act or from the end of continuous treatment by the same provider for the same condition. This is shorter than the standard three-year personal injury deadline. Key exceptions include: Lavern's Law (2018) — for cancer misdiagnosis, the clock starts from the date of discovery, with an overall seven-year limit. Foreign objects left in the body — one year from discovery. Minors — the clock is tolled until age 18 but cannot exceed 10 years from the act. Claims against public hospitals require a 90-day Notice of Claim and must be filed within 1 year and 90 days.

No — New York does not impose any caps on medical malpractice damages. There are no limits on economic damages (medical bills, lost wages, future care), non-economic damages (pain and suffering, emotional distress), or punitive damages. This makes New York one of the most plaintiff-favorable states in the nation for medical malpractice recovery. Many other states cap non-economic damages at $250,000 to $500,000 — New York's absence of caps means your recovery is limited only by the evidence and advocacy behind your claim.

Under CPLR Section 3012-a, your attorney must file a certificate of merit with or within 90 days of filing the malpractice lawsuit. The certificate confirms that the attorney has reviewed the facts and consulted with at least one licensed physician (or dentist/podiatrist as applicable) who is knowledgeable in the relevant area, and has concluded there is a reasonable basis for the claim. If the attorney cannot obtain the consultation before the statute of limitations expires, they may file a placeholder certificate and obtain the consultation within 90 days. Pro se plaintiffs (without an attorney) are exempt from this requirement.

Lavern's Law, enacted in 2018, changed the statute of limitations for cases involving a failure to diagnose cancer or malignant tumors. Before Lavern's Law, the 2.5-year clock started when the misdiagnosis occurred — meaning many patients discovered the error after their filing deadline had already passed. Now, for cancer misdiagnosis cases, the clock starts from the date the patient discovers or reasonably should have discovered the negligence, with an overall cap of seven years from the original negligent act. This is one of the most important patient protections in New York medical malpractice law.

New York follows pure comparative negligence in all personal injury cases, including medical malpractice. If you are found partially responsible for your injuries — for example, by failing to follow medical instructions or delaying follow-up care — your damages are reduced by your percentage of fault, but you are not barred from recovery. Even at 99% fault, you can still recover 1% of your damages. However, defendants routinely argue patient non-compliance to reduce awards, making strong documentation of your medical history essential.

Medical malpractice cases are among the most complex in personal injury law. The certificate of merit requirement means you need an attorney who can quickly connect with qualified medical experts. The 2.5-year deadline is shorter than most people expect. Hospital and physician defense teams are well-funded and aggressive. New York medical malpractice attorneys typically work on a contingency fee basis with a sliding scale set by Judiciary Law Section 474-A: 30% of the first $250,000, 25% of the next $250,000, 20% of the next $500,000, 15% of the next $250,000, and 10% of amounts over $1.25 million.