The deadline rule, discovery rule, minor tolling, and notice-of-claim requirements — in plain English, with a calculator at the bottom.
CPLR §214-a; Lavern's Law (2018); General Municipal Law §50-e
2.5 years from act of malpractice — one of the shorter SOLs in the nation. Discovery rule is LIMITED in New York; the state does NOT have a general discovery rule like most states. Exceptions: foreign-object (1 year from discovery) and, critically, **Lavern's Law (2018)** for cancer misdiagnosis which adds a 2.5yr discovery-rule extension. Also: **90-day Notice of Claim** is required if the defendant is a public hospital (HHC, VA, county facility). Minor tolling: under 18 = 10yr max, or age 22.
Missing a statute of limitations is the #1 malpractice claim against plaintiff attorneys. In New York, the baseline is 2.5 years — but the tolling doctrines above can extend or shorten that. Calculate the exact deadline for YOUR case facts using the free tool:
Enter the incident date, discovery date, minor flag, and government-entity flag. Get the deadline in 10 seconds.
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