State: New York
Link to State Law: New York Statutes
The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to New York state law, contact an experienced attorney.
Statute of Limitations: New York law requires that medical malpractice actions are filed within thirty months of the date of the act or omission that gave rise to the injury occurred. If a medical malpractice claim is based on a retained foreign object, the action must be filed within one year of the date that the foreign object was or should have been discovered. In medical malpractice cases involving minors, the minor has three years from the date of his or her eighteenth birthday to commence litigation. However, the statute of limitations cannot be extended for more than ten years from the date of the act or omission giving rise to the injury.
Minimum Qualifications of Expert Witnesses: New York has no special rules regarding the testimony of expert witnesses in medical malpractice cases.
Limitations on Monetary Damages: There are no laws limiting the amount of medical malpractice damages that can be recovered in New York.
Limitations on Attorney Fees: New York law limits attorney fees in medical malpractice cases to 30% of the first $250,000, 25% of the next $250,000, 20% of the next $500,000, 15% of the next $250,000, and 10% of any recovery greater than $1.25 million.