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New York Civil Practice Law and Rules 214-a - Action For Medical, Dental Or Podiatric Malpractice To Be Commenced Within Two Years And Six Months; Exceptions.

Legal Research Home > New York Lawyer > Civil Practice Laws and Rules > New York Civil Practice Law and Rules 214-a - Action For Medical, Dental Or Podiatric Malpractice To Be Commenced Within Two Years And Six Months; Exceptions.

    § 214-a.  Action  for  medical, dental or podiatric malpractice to be
  commenced within two years and six months;  exceptions.  An  action  for
  medical,  dental  or  podiatric malpractice must be commenced within two
  years and six months of the act, omission or failure  complained  of  or
  last treatment where there is continuous treatment for the same illness,
  injury  or  condition  which  gave  rise  to  the  said act, omission or
  failure; provided, however, that where the  action  is  based  upon  the
  discovery of a foreign object in the body of the patient, the action may
  be  commenced  within  one  year of the date of such discovery or of the
  date  of  discovery  of  facts  which  would  reasonably  lead  to  such
  discovery,  whichever  is  earlier.  For the purpose of this section the
  term "continuous treatment" shall not include examinations undertaken at
  the request of the patient for the  sole  purpose  of  ascertaining  the
  state  of  the  patient's condition. For the purpose of this section the
  term "foreign object" shall not include a  chemical  compound,  fixation
  device or prosthetic aid or device.

Last modified: July 31, 2006