§ 214-a. Action for medical, dental or podiatric malpractice to be
commenced within two years and six months; exceptions. An action for
medical, dental or podiatric malpractice must be commenced within two
years and six months of the act, omission or failure complained of or
last treatment where there is continuous treatment for the same illness,
injury or condition which gave rise to the said act, omission or
failure; provided, however, that: (a) where the action is based upon the
discovery of a foreign object in the body of the patient, the action may
be commenced within one year of the date of such discovery or of the
date of discovery of facts which would reasonably lead to such
discovery, whichever is earlier; and (b) where the action is based upon
the alleged negligent failure to diagnose cancer or a malignant tumor,
whether by act or omission, the action may be commenced within two years
and six months of the later of either (i) when the person knows or
reasonably should have known of such alleged negligent act or omission
and knows or reasonably should have known that such alleged negligent
act or omission has caused injury, provided, that such action shall be
commenced no later than seven years from such alleged negligent act or
omission, or (ii) the date of the last treatment where there is
continuous treatment for such injury, illness or condition. For the
purpose of this section the term "continuous treatment" shall not
include examinations undertaken at the request of the patient for the
sole purpose of ascertaining the state of the patient's condition. For
the purpose of this section the term "foreign object" shall not include
a chemical compound, fixation device or prosthetic aid or device.