[DOWNLOAD] "Mark Rockefeller Et Al. v. George P. Moront Et Al." by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Mark Rockefeller Et Al. v. George P. Moront Et Al.
- Author : Court of Appeals of New York
- Release Date : January 06, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
TITONE,J. In this medical malpractice action, we are called upon to determine whether a suture that was improperly affixed to an organ not involved in the operation for which plaintiff sought medical treatment constitutes a "foreign object" sufficient to delay accrual of the governing Statute of Limitations until the date that the objects presence was or reasonably should have been discovered. Because the misplaced suture is not a "foreign object" within the rule of Flanagan v Mount Eden Gen. Hosp. (24 N.Y.2d 427), and is more readily characterized as a "fixation device" excluded from the benefit of that rule, we conclude that the Appellate Division erred in denying defendants respective motions to dismiss the complaint as time-barred.