In New York, medical malpractice claims must be filed within 2 ½ years from the date of the alleged negligent action or omission that caused the patient’s injury.
The statute of limitations defines the period in which a patient can make a claim. The time usually starts when the incident occurs. The statute of limitations also may be extended based on the discovery rule which applies when a patient did not have an opportunity to discover the malpractice when it first happened.