Statute of Limitations

Medical Claim Generally:

Medical malpractice claims must be commenced within two and a half years. However, if “the action is based upon the discovery of a foreign object in the body of the patient, the action may be commenced within one year of the date of such discovery or of the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier.” [CPLR §214]

Minors:

The statute begins to run after the disability ceases [CPLR §208]

Wrongful death:

A wrongful death action must be brought 2 years from the date of death [CPLR §214]

Damage Caps

New York currently has no damage caps.

Attorney Fee   Caps

There are statutory limitations on attorney fees determined by a percentage of the amount recovered [JUD§474-a(2)]

Pre-suit Requirements

New York requires a notice of claim [Court of Claims Act § 10] and an affidavit of merit along with the complaint [CPLR § 3012]

Expert

Qualifications

New York only requires the general rules for experts that the testimony must be relevant and reliable. [NY Federal Rules of Evidence 702]

Negligent

Credentialing Claims

New York seems to recognize negligent credentialing  [Copithorne v. North Shore-Long Island Jewish Health System, Inc., 17 N.Y.3d 24 (2011)]