New York Law (NYLE) Practice Exam

May Susan bring a dental malpractice claim against her dentist after four years?

1. A. No, because a cause of action for dental malpractice must be commenced within two years and six months of the alleged act, omission or failure.

2. B. No, because a cause of action for dental malpractice must be commenced within three years of the alleged act, omission or failure.

3. C. Yes, because Susan plans to bring the action before 2020.

4. D. Yes, because Susan may bring the action at any time since the statute of limitations was tolled due to Susan's disability.

The correct answer is: A. No, because a cause of action for dental malpractice must be commenced within two years and six months of the alleged act, omission or failure.

The determination regarding whether Susan can bring a dental malpractice claim hinges on the applicable statute of limitations in New York. In New York, the statute of limitations for dental malpractice claims is indeed two years and six months from the date of the alleged malpractice. This timeframe applies to actions against dentists involving their professional services. Given that Susan is attempting to bring a claim after four years, she would be exceeding the statutory deadline, which is the crucial point of the matter. If an action is not commenced within the prescribed time limit, it is typically barred, meaning that Susan would be unable to successfully pursue her claim against her dentist. In this scenario, while the other options present various considerations regarding different potential timeframes or conditions under which a claim might be allowed, they do not align with the established statutory deadline for dental malpractice in New York law. Thus, the conclusion that Susan cannot bring a claim after four years is supported by the relevant legal standards governing malpractice claims.