Which scenario triggers a 1-year statute of limitations in New York medical malpractice cases?

• A. A surgical object found in the body
• B. A patient turning 18
• C. A patient moving to another state
• D. A provider changing licenses

Answer: (A)

In New York, medical malpractice deadlines have a special rule for cases where a foreign object is left inside a patient after surgery. If a surgical object is discovered in the body, the clock starts when the object is found (or should have been discovered with reasonable diligence), and the suit must be filed within one year of that discovery. This short, discovery-based window is designed to address injuries that aren’t immediately apparent but are discoverable once the patient realizes there’s a retained object.

The other scenarios don’t create this one-year window. Turning 18 involves the general tolling rules for minors and doesn’t establish a one-year discovery period. Moving to another state or a provider changing licenses doesn’t trigger a separate one-year limit either. The key idea is that a retained surgical object leads to a distinct, shorter deadline.