What is the ordinary New York medical-malpractice period?

Use the ordinary section 214-a branch after independently establishing the act, omission or qualifying last-treatment event. This calculator accepts events after November 3, 2020 and does not apply any toll.

Continuous treatment must concern the same illness, injury or condition giving rise to the complained-of conduct. The mere existence of later appointments does not establish this event.

The statute excludes patient-requested examinations solely to ascertain the state of the patient’s condition from continuous treatment.

Foreign objects and alleged failure to diagnose cancer or a malignant tumor have separate statutory branches. Public-defendant prerequisites require separate review.

1. Use the ordinary section 214-a branch after independently establishing the act, omission or qualifying last-treatment event. This calculator accepts events after November 3, 2020 and does not apply any toll.
2. Count the selected calendar-month or calendar-year interval from the independently established event. General Construction Law 20 excludes the event day, sections 30 and 58 govern months and years, and section 25-a permits the next succeeding business day when an authorized statutory act ends on Saturday, Sunday or a public holiday.
3. Check the final statutory holiday and weekend independently.
4. Preserve the actual commencement record and complete required service. Filing and service are separate acts.

For an authorized statutory act, General Construction Law 25-a permits the next succeeding business day if the final day is Saturday, Sunday or a statutory public holiday. Section 24 defines those holidays. Sunday Independence Day in 2027 is observed on Monday July 5. Confirm other actual closures separately.

The calculators accept selected events after November 3, 2020. They do not apply the 2020 executive-order toll. Brash distinguishes a toll from a suspension. Historical events require separate review and receive no calculated or paid date here. Do not add 228 days to every historical event without testing its actual applicability.

Fictitious example

Use the ordinary section 214-a branch after independently establishing the act, omission or qualifying last-treatment event. This calculator accepts events after November 3, 2020 and does not apply any toll. Fictitious established facts. Use the ordinary section 214-a branch after independently establishing the act, omission or qualifying last-treatment event. This calculator accepts events after November 3, 2020 and does not apply any toll. The selected event is February 2, 2025. No applicable toll, shorter agreement, alternative branch or additional closure is assumed.

Fictitious established facts. This example applies only to the stated component. The calculator does not determine accrual, reasonable discovery, qualifying treatment, a toll or whether a claim is timely.

Same-condition treatment

Confirm the actual treatment relationship and the condition to which the statute refers.

Excluded examinations

An examination solely to ascertain the patient’s condition, undertaken at the patient’s request, is expressly excluded.

Special discovery branches

Review both foreign-object and cancer provisions rather than inserting discovery into the ordinary act-based formula.

Historical executive-order toll

The calculators accept selected events after November 3, 2020. They do not apply the 2020 executive-order toll. Brash distinguishes a toll from a suspension. Historical events require separate review and receive no calculated or paid date here. Do not add 228 days to every historical event without testing its actual applicability.

• Preserve the applicable edition and establish the actual statutory facts independently.
• This calculation supplies the disclosed component and does not select every alternative period or apply an unmodeled toll.

• Use the ordinary section 214-a branch after independently establishing the act, omission or qualifying last-treatment event. This calculator accepts events after November 3, 2020 and does not apply any toll.
• Continuous treatment must concern the same illness, injury or condition giving rise to the complained-of conduct. The mere existence of later appointments does not establish this event.
• The statute excludes patient-requested examinations solely to ascertain the state of the patient’s condition from continuous treatment.
• Foreign objects and alleged failure to diagnose cancer or a malignant tumor have separate statutory branches. Public-defendant prerequisites require separate review.
• Confirm the actual treatment relationship and the condition to which the statute refers.
• An examination solely to ascertain the patient’s condition, undertaken at the patient’s request, is expressly excluded.
• Review both foreign-object and cancer provisions rather than inserting discovery into the ordinary act-based formula.
• Preserve the actual commencement record and complete required service. Filing and service are separate acts. CPLR 304 governs commencement by the required initiating filing. In the applicable NYSCEF program, 22 NYCRR 202.5-b(d)(3)(i) uses recorded transmission and the required fee information or permitted later actual payment. Transmission is permitted any day or night. Preserve the actual recorded filing and fee event. Check county, action eligibility and any paper filing hours. Electronic filing of initiating papers does not itself serve the defendant under paragraph (f)(1).