New York Civil Practice Law & Rules § 214-A states that there is a standard time frame of two years and six months for victims to pursue a civil remedy. The statutory period starts on the date of the malpractice unless the patient was receiving ongoing care from the medical provider in which case the statute of limitations does not begin until the last treatment is finished.
Several exceptions may apply to the 30-month deadline, with one, in particular, relating specifically to patients who retain foreign objects. Under the state’s discovery rule, if the victim retains an item like a blade or scalpel, a lawsuit may be filed up to a year after the item is found or reasonably ought to have been found for patients with an object left in their body in Schenectady.