N.Y. Civil Practice Law & Rules § 214-a: Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions

§ 214-a. Action for medical, dental or podiatric malpractice to be

commenced within two years and six months; exceptions. An action for

medical, dental or podiatric malpractice must be commenced within two

years and six months of the act, omission or failure complained of or

last treatment where there is continuous treatment for the same illness,

injury or condition which gave rise to the said act, omission or

failure; provided, however, that: (a) where 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; and (b) where the action is based upon

the alleged negligent failure to diagnose cancer or a malignant tumor,

whether by act or omission, the action may be commenced within two years

and six months of the later of either (i) when the person knows or

reasonably should have known of such alleged negligent act or omission

and knows or reasonably should have known that such alleged negligent

act or omission has caused injury, provided, that such action shall be

commenced no later than seven years from such alleged negligent act or

omission, or (ii) the date of the last treatment where there is

continuous treatment for such injury, illness or condition. For the

purpose of this section the term "continuous treatment" shall not

include examinations undertaken at the request of the patient for the

sole purpose of ascertaining the state of the patient's condition. For

the purpose of this section the term "foreign object" shall not include

a chemical compound, fixation device or prosthetic aid or device.