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.
Relevant Factors
The question of whether certain care constitutes "medical care" in the context of the statute of limitations is primarily based on the nature of the care provided. However, courts have suggested a number of additional factors to assist in making this determination. These factors can include the type of practitioner involved in the case, and whether the act at issue is administrative or one that requires professional skill and judgment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
