Medical, dental or podiatric malpractice from the alleged omission or failure must be commenced within how many years?

• A. One year
• B. Two years
• C. Two years and six months
• D. Three years

Answer: (C)

In New York, actions for medical, dental, or podiatric malpractice must be brought within two years and six months from the date of the act, omission, or from the date the injury is discovered if discovery occurs later (with a ten-year repose limiting liability in some cases). This two-and-a-half-year limit is the standard period for when the claim accrues, so the correct timeframe is two years and six months. The other options don’t fit the statutory period: one year or two years would shortchange the allowed window, and three years would exceed the allowed 2.5-year limit, ignoring the applicable rule and any applicable discovery nuances or repose.