Sternberg v. Gardstein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lawrence, J.
A medical malpractice action based upon the discovery of a foreign object in a patient’s body accrues, and the one-year Statute of Limitations begins to run, when the object was or could reasonably have been discovered by the patient (see, CPLR 214-a). On this appeal we are asked to determine whether an intrauterine contraceptive device (hereinafter IUD), which the plaintiff’s physician failed to remove from her body as expected by the parties during a sterilization procedure, constitutes a foreign object for the purpose of invoking the foreign object rule set…
2Cases cited8 opinions
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Conklin v. DraperNew York Court of Appeals · 1930
- Mastronardi v. MitchellAppellate Division of the Supreme Court of the State of New York · 1985
- Ooft v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
- Darragh v. County of NassauNew York Supreme Court · 1977
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3Cited by8 opinions
- Rodriguez v. Manhattan Medical Group, P. C.New York Court of Appeals · 1990
- Vinciguerra v. JamesonAppellate Division of the Supreme Court of the State of New York · 1990
- Adam L. Walton v. Strong Memorial HospitalNew York Court of Appeals · 2015
- LaBarbera v. New York Eye & Ear InfirmaryAppellate Division of the Supreme Court of the State of New York · 1997
- Di Marco v. Hudson Valley Blood ServicesNew York Supreme Court · 1988
3 more not listed; retrieve them via the Exa API.