What is the discovery rule for medical malpractice statutes of limitation?

What the Law Says

New York law explicitly rejects the discovery rule for medical malpractice actions. Instead, the statute of limitations begins to run on the date of the alleged negligent act or omission — not when the injury is discovered or should have been discovered.

Under New York Civil Practice Law and Rules (CPLR) § 214-a, a medical malpractice claim must be commenced within two and one-half years from the date of the act, omission, or failure complained of.

This strict timing rule applies even if the patient did not know — and could not reasonably have known — about the injury or its cause until later. Unlike in some other states, New York courts have consistently held that the discovery rule is inapplicable to medical malpractice cases.

There are limited exceptions: for continuous treatment, the clock may be tolled until the end of the course of treatment related to the condition; and for foreign objects left in the body, CPLR 214-a provides a separate one-year-from-discovery deadline — but only for objects, not for misdiagnoses or surgical errors.

Statutory Text

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...

— CPLR 214-a — Medical, dental or podiatric malpractice

What Courts Have Said

New York courts have repeatedly affirmed that the discovery rule does not extend the limitations period for medical malpractice claims.

What to Do

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