Nykorchuck v. Henriques

OPINION OF THE COURT

Chief Judge Wachtler.

This action for medical malpractice arises out of the defendant doctor’s alleged failure to properly diagnose and monitor a lump in plaintiff’s* right breast. Plaintiff was ultimately diagnosed as having breast cancer, which required surgery and chemotherapy.

The question presented on the appeal is whether this suit, which was commenced more than eight years after the lump was first brought to defendant’s attention and more than four years after plaintiff’s last appointment with defendant in connection with another medical condition, is barred by the…