N.Y. CPLR § 214-A

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 214-A Action for medical, dental or podiatric malpractice to becommenced within two years and six months; exceptions § 214-a. Action for medical, dental or podiatric malpractice to becommenced within two years and six months; exceptions. An action formedical, dental or podiatric malpractice must be commenced within twoyears and six months of the act, omission or failure complained of orlast treatment where there is continuous treatment for the same illness,injury or condition which gave rise to the said act, omission orfailure; provided, however, that: (a) where the action is based upon thediscovery of a foreign object in the body of the patient, the action maybe commenced within one year of the date of such discovery or of thedate of discovery of facts which would reasonably lead to suchdiscovery, whichever is earlier; and (b) where the action is based uponthe alleged negligent failure to diagnose cancer or a malignant tumor,whether by act or omission, the action may be commenced within two yearsand six months of the later of either (i) when the person knows orreasonably should have known of such alleged negligent act or omissionand knows or reasonably should have known that such alleged negligentact or omission has caused injury, provided, that such action shall becommenced no later than seven years from such alleged negligent act oromission, or (ii) the date of the last treatment where there iscontinuous treatment for such injury, illness or condition. For thepurpose of this section the term "continuous treatment" shall notinclude examinations undertaken at the request of the patient for thesole purpose of ascertaining the state of the patient's condition. Forthe purpose of this section the term "foreign object" shall not includea chemical compou the request of the patient for thesole purpose of ascertaining the state of the patient's condition. Forthe purpose of this section the term "foreign object" shall not includea chemical compound, fixation device or prosthetic aid or device.