LaBello v. Albany Medical Center Hospital

OPINION OF THE COURT

Bellacosa, J.

Plaintiff mother and guardian, Tina LaBello, on behalf of Donald LaBello, age 12, sues the Albany Medical Center Hospital and others for injuries allegedly inflicted in November 1982. The case turns on the accrual date for a medical malpractice claim predicated on prenatal injuries allegedly negligently caused by defendants. The issue, as particularized and applied, is whether this infant’s cause of action accrued when the alleged negligent act or omission occurred, or, rather, on the date he was born.

The Appellate Division, in a split decision, reversed…