Medical malpractice in New York
No general damages cap
New York does not set a general statutory ceiling on medical malpractice damages. Timing rules under CPLR 214-a are strict. Special rules apply to foreign objects and to certain cancer misdiagnosis claims.
Last reviewed September 22, 2026
- Damages cap
- None
- Usual filing window
- 30 months
- Cancer misdiagnosis
- 7 years
No general statutory ceiling on economic or noneconomic damages
Two years and six months from the act, or the end of continuous treatment
Usual outer limit under the cancer discovery rule
Damage caps
There is no general economic or noneconomic damages cap for medical malpractice in New York. Case value turns on proof of liability, causation, and damages.
Not capped
Economic damages
New York does not set a general statutory cap on economic damages in a medical malpractice case. Recovery is limited by the proof, not by a legislative ceiling.
Not capped
Noneconomic damages
New York does not set a general statutory cap on noneconomic damages, such as pain and suffering, in a medical malpractice case.
A lawyer's fee schedule is a rule about fees. It is not a cap on the damages a plaintiff can recover.
Filing deadlines
The usual deadline is two years and six months from the malpractice, or from the end of continuous treatment for the same condition. Cancer misdiagnosis claims may use a discovery rule, with a seven-year outer limit, under CPLR 214-a.
- General rule
A medical, dental, or podiatric malpractice action must be started within two years and six months of the act or omission, or of the last continuous treatment for the same condition.
- Foreign object
A foreign-object claim is generally due within one year from discovery, or from when discovery reasonably should have occurred, whichever is earlier.
- Cancer misdiagnosis
For certain cancer or malignant-tumor misdiagnosis claims, often called Lavern's Law, the deadline is two years and six months from when the person knew, or reasonably should have known, of the alleged negligence and that it caused injury. The claim is generally no later than seven years from the alleged negligence, or from the end of continuous treatment, as the statute states.
- Certificate of merit
CPLR 3012-a generally requires a certificate of merit with the complaint. The attorney consults with a physician. Limited exceptions apply.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
No general damages cap
Public legal explanations treat New York as a state without a general damages cap. That changes how catastrophic injury and wrongful death claims are discussed. It is not an average verdict.
N.Y. Courts statute of limitations chart (opens in a new tab)
Lavern's Law
The cancer misdiagnosis timing rule is a distinctive New York statute. It uses a discovery window and a seven-year outer limit.
Continuous treatment
Whether later visits count as continuous treatment for the same condition is a frequent timing dispute in public case summaries.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a New York case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
Because New York has no general damages cap, news reports sometimes describe large verdicts. A reported verdict is an example. It is not an average, a median, or a count of cases.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. This page does not describe a proposed damages cap as current law.
- N.Y. CPLR 214-a (opens in a new tab)Accessed September 22, 2026
- N.Y. CPLR 3012-a (opens in a new tab)Accessed September 22, 2026
- N.Y. Courts statute of limitations chart (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a New York attorney about how CPLR 214-a and the facts of your case affect timing and value.