Legal Opinion
Weiner v. Lenox Hill Hospital
New York Court of Appeals
Decided November 19, 1996PublishedCited by 130 opinions
1Opinion of the Court
OPINION OF THE COURT
ClPARICK, J.
The issue on appeal is whether plaintiffs complaint against a hospital, alleging that the hospital failed to properly safeguard its blood supply from HIV contamination, sounds in medical malpractice or negligence for purposes of selecting the applicable Statute of Limitations. Because the challenged conduct was not linked to the medical treatment of a particular patient, we conclude that the claim sounds in negligence and that plaintiffs complaint is therefore timely.
As alleged in plaintiffs complaint and amplified in a bill of particulars, Dale J. Korn was a…
2Cases cited8 opinions
- De Long v. County of ErieNew York Court of Appeals · 1983
- Schwartz v. Heyden Newport Chemical Corp.New York Court of Appeals · 1963
- Mondello v. New York Blood CenterNew York Court of Appeals · 1992
- Scott v. UljanovNew York Court of Appeals · 1989
- Jensen v. General Electric Co.New York Court of Appeals · 1993
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3Cited by130 opinions
- Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
- Estate of Martha S. French v. Stratford HouseTennessee Supreme Court · 2011
- Grossman v. BarkeSuperior Court of Pennsylvania · 2005
- Gunter v. Laboratory Corp. of AmericaTennessee Supreme Court · 2003
- Davis v. South Nassau Communities HospitalNew York Court of Appeals · 2015
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