Statute of Limitations in New York Med Mal Cases and the "Discovery Rule"
New York State med mal cases are governed by a two-and-one-half year (thirty (30) months) statute of limitations. The clock starts ticking on the date of the occurrence of the alleged malpractice. There are nuances to this rule in terms of ongoing treatment, but the basic rule that most law firms will decide to accept or decline a case is the 30-month rule.
New York, like other jurdisctions, has a "discovery rule," a legal doctrine meant to help the patient. The discovery rule is applied in cases where a patient could not have learned of the medical malpractice within 30 months, such as a surgical instrument being left inside the body after an operation. Here, the statute of limitations generously loosened in the patient's favor. The statute of limitation is one (1) of discovcery of the foreign object, or one (1) year of learning facts that would result in discovery of the foreign object, whichever of these two milestones occurs earlier.
New York, like other jurdisctions, has a "discovery rule," a legal doctrine meant to help the patient. The discovery rule is applied in cases where a patient could not have learned of the medical malpractice within 30 months, such as a surgical instrument being left inside the body after an operation. Here, the statute of limitations generously loosened in the patient's favor. The statute of limitation is one (1) of discovcery of the foreign object, or one (1) year of learning facts that would result in discovery of the foreign object, whichever of these two milestones occurs earlier.