New York (NY) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in New York.
Damage Cap
No cap on damages
Statute of Limitations
2 years and 6 months from the date of the act, omission, or failure
Discovery Rule
New York has a very limited discovery rule — it applies only to cases involving a foreign object left in the body (1 year from discovery). Otherwise, the statute runs from the date of the act or the last date of a continuous course of treatment.
Pre-Filing Requirements
Plaintiffs must file a certificate of merit from a qualified physician.
Average Settlement
$350,000 - $800,000
Average Verdict
$600,000 - $3,000,000
Key Facts About New York Medical Malpractice Law
- 1New York has some of the highest medical malpractice verdicts and settlements in the nation, particularly in New York City.
- 2The continuous treatment doctrine tolls the statute of limitations while the same provider continues to treat the patient for the same condition.
- 3New York follows a pure comparative negligence system, allowing recovery regardless of plaintiff's fault.
- 4Future damages exceeding $250,000 must be paid periodically rather than as a lump sum under CPLR Article 50-A.
- 5Expert witnesses are subject to the Frye standard for admissibility of scientific testimony.
Need Help with a New York Medical Malpractice Case?
If you believe you have a medical malpractice claim in New York, it is important to act quickly. The statute of limitations in New York is 2 years and 6 months from the date of the act, omission, or failure. Most medical malpractice attorneys offer free initial consultations.