What Is Medical Malpractice in New York?

In New York, medical malpractice occurs when a doctor, hospital, or other licensed healthcare provider fails to meet the standard of care that a reasonably competent provider would have met under the same circumstances. The deviation must directly cause injury or death to the patient. Common examples include misdiagnosis, surgical errors, medication mistakes, and failure to obtain informed consent.

New York’s statute of limitations for medical malpractice is 2.5 years under CPLR §214-a. The clock typically starts from the date of the negligent act, but if the patient was under continuous treatment by the same provider for the same condition, the period begins at the end of that treatment. Special rules extend the deadline for minors and in cases involving foreign objects left inside the body.

New York requires plaintiffs filing a medical malpractice lawsuit to submit a certificate of merit—a sworn statement from the attorney confirming that the case has been reviewed by at least one qualified physician who believes there is a reasonable basis for the claim. This certificate must be filed with the complaint or within 90 days of filing. It is designed to deter frivolous lawsuits while protecting legitimate claims.

Victims of medical malpractice in New York may recover compensatory damages including past and future medical expenses, lost wages, loss of earning capacity, and pain and suffering. New York does not cap economic damages, but punitive damages are rarely awarded and require proof of egregious conduct. Wrongful death claims brought by surviving family members may also include loss of support and parental guidance.