Reviewed by Laurence P. Banville, Esq.What counts as medical malpractice in New York?
Not every bad outcome is malpractice. You must show the provider failed to meet the accepted standard of care and that failure caused your injury. Common examples include misdiagnosis, surgical errors, medication mistakes, and birth injuries.
The deadline (and its exceptions)
The general statute of limitations is 2.5 years from the malpractice (CPLR §214-a). The clock can run from the end of continuous treatment, and a separate discovery rule applies to retained foreign objects. Claims against public hospitals require an early Notice of Claim (GML §50-e).
What these cases are worth
Value depends on the severity and permanence of the harm, medical costs, lost earnings, and pain and suffering. No honest lawyer can promise a number up front — outcomes vary and prior results never guarantee a future one.
Frequently asked questions
How long do I have to file a medical malpractice case in New York?
Generally 2.5 years from the malpractice or the end of continuous treatment (CPLR §214-a). Foreign-object cases use a discovery rule, and claims against public hospitals require an early Notice of Claim.
Is a bad outcome always malpractice?
No. You must show the provider departed from the accepted standard of care and that it caused your injury. Many poor outcomes are not negligence.