Medical malpractice — failure to diagnose cancer: New York statute of limitations
In New York, an action for medical malpractice — failure to diagnose cancer must be commenced within 2 years, 6 months under CPLR 214-a. 2.5 years from when the person knew or should have known; no later than 7 years from the negligent act.Read the flags below before relying on the period: discovery rules, tolling, and notice-of-claim requirements can move the real deadline.
- Limitations period
- 2 years, 6 months
- Governing statute
- CPLR 214-a — Article 2, Limitations of Time
- Notes
- 2.5 years from when the person knew or should have known; no later than 7 years from the negligent act.
- Example
- A claim accruing today, Tuesday, September 15, 2026, would have to be commenced by Thursday, March 15, 2029 (rolled off weekends and NY court holidays; before any tolling)
Calculate the deadline from your accrual date
Enter the date the claim accrued. The lookup applies the 2 years, 6 months period and rolls the result off weekends and New York court holidays.
Frequently asked questions
What is the statute of limitations for medical malpractice — failure to diagnose cancer in New York?
When does the limitations period start running?
Can the New York statute of limitations be extended or tolled?
Other New York limitations periods
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Limitations periods interact with notice-of-claim statutes, contractual provisions, and federal preemption. Confirm the period against the statute text and consult counsel before relying on it.