Medical malpractice — foreign object: New York statute of limitations
In New York, an action for medical malpractice — foreign object must be commenced within 1 year under CPLR 214-a. 1 year from date of discovery.Read the flags below before relying on the period: discovery rules, tolling, and notice-of-claim requirements can move the real deadline.
1 year
Medical malpractice — foreign object
- Limitations period
- 1 year
- Governing statute
- CPLR 214-a — Article 2, Limitations of Time
- Notes
- 1 year from date of discovery.
- Example
- A claim accruing today, Tuesday, September 15, 2026, would have to be commenced by Wednesday, September 15, 2027 (rolled off weekends and NY court holidays; before any tolling)
⚠ Discovery rule The period may run from when the injury was or should have been discovered (CPLR 203(g)).
⚠ Tolling Infancy/insanity (CPLR 208), death (CPLR 210), and prior-action savings (CPLR 205/205-a) can extend the period.
⚠ Local rules Individual part rules and 22 NYCRR Part 202 may impose additional deadlines — always verify.
Calculate the deadline from your accrual date
Enter the date the claim accrued. The lookup applies the 1 year period and rolls the result off weekends and New York court holidays.
Frequently asked questions
What is the statute of limitations for medical malpractice — foreign object in New York?
1 year, under CPLR 214-a (Article 2, Limitations of Time). 1 year from date of discovery.
When does the limitations period start running?
This cause of action carries a discovery rule: the period may run from the date the injury was or reasonably should have been discovered rather than the date it occurred (CPLR 203(g)). The specific accrual rule is in the notes above.
Can the New York statute of limitations be extended or tolled?
Yes, in defined situations. Infancy or insanity (CPLR 208), the death of a party (CPLR 210), a stay (CPLR 204), and the six-month savings provision after a timely prior action is terminated (CPLR 205(a)) can each extend the time. Parties to a contract may shorten, but not lengthen, a period by agreement (CPLR 201).
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.
Disclaimer: This tool is for informational purposes only and does not constitute legal advice. This site is not affiliated with the New York State Unified Court System. Verify all deadlines with the applicable CPLR provisions and consult qualified legal counsel.