United States · New York limitation periods

What is New York’s foreign-object malpractice discovery period?

CPLR 214-a permits one year from discovery of a qualifying foreign object or facts reasonably leading to discovery, whichever is earlier.

5.0Rated by lawyers in California, London and Singapore“The platform is really easy to use.” — Michael B., California“The Evidence Record saved us time with our insurance on bankruptcy matters.” — Maria, London, UK“The most up-to-date service we could find.” — Li Chen, Singapore

Calculate my deadline

Period: 1-year foreign-object discovery branch
Trigger: Earlier established object discovery or discovery of facts reasonably leading to it
Rule: CPLR 214-a, foreign-object proviso

CPLR 214-a, foreign-object proviso

Current official statutory text reviewed. A displayed Senate revision date is not an amendment effective date.

Free calculator · No account needed

Calculate your deadline

Earlier established object discovery or discovery of facts reasonably leading to it

Entry rules and timing exceptions

1 year from Discovery of the foreign object in the patient's body, or discovery of facts which would reasonably lead to such discovery, whichever is earlier

CPLR 214-aBinding

Rule notes

A true discovery rule with NO long-stop: a foreign object claim may be brought many years after the operation provided it is brought within one year of discovery. Note the statutory carve-out of chemical compounds, fixation devices and prosthetic aids from the definition of foreign object. Stated separately from the base thirty-month period because it runs from a different event.

Calculation software, not legal advice. Check the current rule, orders and facts.

Loading calculator…

What lawyers say

5.0

“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore

Which event controls this CPLR 214-a, foreign-object proviso inquiry?

Section 214-a excludes a chemical compound, fixation device and prosthetic aid or device from its definition of a foreign object. An implanted item is not automatically eligible.

Discovery of facts reasonably leading to the object can control before the patient receives express confirmation. Preserve those facts and records.

The ordinary treatment-based malpractice branch and cancer branch remain different statutory inquiries. This preset assumes the object branch governs.

CPLR 214-a, foreign-object proviso

How is this selected component counted?

Establish that the action is based on a qualifying foreign object and identify both discovery events before selecting the earlier one. This calculator accepts events after November 3, 2020 and does not apply any toll.
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.
Check the final statutory holiday and weekend independently.
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.

General Construction Law 20

What does an independently derived example show?

Fictitious example

Establish that the action is based on a qualifying foreign object and identify both discovery events before selecting the earlier one. This calculator accepts events after November 3, 2020 and does not apply any toll. Fictitious established facts. Establish that the action is based on a qualifying foreign object and identify both discovery events before selecting the earlier one. This calculator accepts events after November 3, 2020 and does not apply any toll. The selected event is August 2, 2026. No applicable toll, shorter agreement, alternative branch or additional closure is assumed.

Example counting steps
Step	What is counted	Date
Established statutory event	Earlier established object discovery or discovery of facts reasonably leading to it	August 2, 2026
Selected statutory component	1-year foreign-object discovery branch	August 2, 2027

Example resultAugust 2, 2027

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.

Try these dates in the calculator

Which qualifications change this inquiry?

Object classification: Apply all express exclusions before using the one-year branch.
Earlier discovery event: Select the earlier of the two established statutory discovery events.
Other governing rules: Disability and public-defendant prerequisites are separate from the object-discovery calculation.
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.

CPLR 214-a, foreign-object proviso

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.

Which facts and completed acts should be preserved?

Establish that the action is based on a qualifying foreign object and identify both discovery events before selecting the earlier one. This calculator accepts events after November 3, 2020 and does not apply any toll.
Section 214-a excludes a chemical compound, fixation device and prosthetic aid or device from its definition of a foreign object. An implanted item is not automatically eligible.
Discovery of facts reasonably leading to the object can control before the patient receives express confirmation. Preserve those facts and records.
The ordinary treatment-based malpractice branch and cancer branch remain different statutory inquiries. This preset assumes the object branch governs.
Apply all express exclusions before using the one-year branch.
Select the earlier of the two established statutory discovery events.
Disability and public-defendant prerequisites are separate from the object-discovery calculation.
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).

Questions about CPLR 214-a, foreign-object proviso