This text of New York § 214-A (Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 214-a. Action for medical, dental or podiatric malpractice to be\ncommenced within two years and six months; exceptions. An action for\nmedical, dental or podiatric malpractice must be commenced within two\nyears and six months of the act, omission or failure complained of or\nlast treatment where there is continuous treatment for the same illness,\ninjury or condition which gave rise to the said act, omission or\nfailure; provided, however, that:
(a)where the action is based upon the\ndiscovery of a foreign object in the body of the patient, the action may\nbe commenced within one year of the date of such discovery or of the\ndate of discovery of facts which would reasonably lead to such\ndiscovery, whichever is earlier; and (b) where the action is based upon\nthe alleged negligent f
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§ 214-a. Action for medical, dental or podiatric malpractice to be\ncommenced within two years and six months; exceptions. An action for\nmedical, dental or podiatric malpractice must be commenced within two\nyears and six months of the act, omission or failure complained of or\nlast treatment where there is continuous treatment for the same illness,\ninjury or condition which gave rise to the said act, omission or\nfailure; provided, however, that: (a) where the action is based upon the\ndiscovery of a foreign object in the body of the patient, the action may\nbe commenced within one year of the date of such discovery or of the\ndate of discovery of facts which would reasonably lead to such\ndiscovery, whichever is earlier; and (b) where the action is based upon\nthe alleged negligent failure to diagnose cancer or a malignant tumor,\nwhether by act or omission, the action may be commenced within two years\nand six months of the later of either (i) when the person knows or\nreasonably should have known of such alleged negligent act or omission\nand knows or reasonably should have known that such alleged negligent\nact or omission has caused injury, provided, that such action shall be\ncommenced no later than seven years from such alleged negligent act or\nomission, or (ii) the date of the last treatment where there is\ncontinuous treatment for such injury, illness or condition. For the\npurpose of this section the term "continuous treatment" shall not\ninclude examinations undertaken at the request of the patient for the\nsole purpose of ascertaining the state of the patient's condition. For\nthe purpose of this section the term "foreign object" shall not include\na chemical compound, fixation device or prosthetic aid or device.\n