Legal Opinion
Rockefeller v. Moront
New York Court of Appeals
Decided July 6, 1993PublishedCited by 38 opinions
1Opinion of the Court
OPINION OF THE COURT
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 object’s 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 NY2d 427), and is more readily characterized as a "fixation device”…
2Cases cited8 opinions
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Goldsmith v. Howmedica, Inc.New York Court of Appeals · 1986
- Rodriguez v. Manhattan Medical Group, P. C.New York Court of Appeals · 1990
- Cooper v. EdinberghAppellate Division of the Supreme Court of the State of New York · 1980
- Mitchell v. AbitolAppellate Division of the Supreme Court of the State of New York · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- LaBarbera v. New York Eye & Ear InfirmaryNew York Court of Appeals · 1998
- Beckel v. GerberSouth Dakota Supreme Court · 1998
- Vinciguerra v. JamesonAppellate Division of the Supreme Court of the State of New York · 1994
- Adam L. Walton v. Strong Memorial HospitalNew York Court of Appeals · 2015
- Delaney v. Champlain Valley Physicians Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1996
33 more not listed; retrieve them via the Exa API.