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In personal injury litigation, the length of the statute of limitations is dependent upon whether the claim sounds in negligence or medical malpractice. While the general negligence statute of limitations is contained in CPLR §214(5) and is three years, CPLR §214a provides that medical malpractice actions must be commenced within 2 1/2 years. Therefore, parties on occasion dispute the meaning of "medical care" in an effort to bring the claim within the longer statute of limitations. Some courts have suggested that this 2 1/2-year limitations period should also apply in situations where "medical care" is provided by non-traditional care providers, such as a chiropractors, when the care at issue is medical in nature.

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