Medical malpractice claims: harm and next steps in New York

Statute of Limitations: New York imposes a 2.5-year (30-month) statute of limitations on medical malpractice claims, running from the date of the negligent act or omission. A key exception applies for foreign objects left in the body (1 year from discovery). The continuous treatment doctrine tolls the SoL for the duration of continuous treatment for the same condition giving rise to the claim. Infants have until age 10 or 3 years from the act, whichever is later.

Non-Economic Damages Cap: New York does not cap non-economic damages in medical malpractice cases. Juries apply a reasonableness standard, and courts may reduce excessive awards under CPLR § 4404 on a motion to set aside the verdict. New York consistently produces some of the highest medical malpractice verdicts in the country, particularly in New York City. There is no statutory ceiling on pain and suffering awards.

Pre-Suit Requirements: New York does not require a certificate of merit or expert affidavit before filing a complaint. However, CPLR § 3012-a requires that the plaintiff's attorney file a certificate of merit with the complaint (or within 90 days) attesting that the attorney has reviewed the facts and consulted with a qualified physician who believes there is a reasonable basis for the claim. No pre-suit screening panel is required.

Venue: New York medical malpractice actions are filed in Supreme Court (trial court of general jurisdiction) in the county where the defendant resides, where the cause of action arose, or where the plaintiff resides. CPLR § 503 governs venue. New York County (Manhattan) and Kings County (Brooklyn) are common venues given concentration of hospitals; venue transfers for convenience are permitted under CPLR § 510.