Legal Opinion
Murphy v. St. Charles Hospital
Appellate Division of the Supreme Court of the State of New York
Decided July 20, 1970PublishedCited by 29 opinions
1Opinion of the CourtSamuel Rabin, J.
The question raised by the instant appeal is whether plaintiff Theresa Murphy’s action to recover damages for personal injuries is barred by the three-year Statute of Limitations applicable to malpractice actions (CPLR 214, subd. 6).
On January 18, 1963, a medical device known as a Moore Prosthesis was surgically inserted in plaintiff Theresa’s right hip and femur while she was a patient at the defendant hospital in Port Jefferson, New York. On May 17, 1967, almost four years and four months after its insertion, the device broke, forcing Theresa to undergo surgery for the removal of the…
2Cases cited1 opinion
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
3Cited by29 opinions
- Martin v. Edwards LaboratoriesNew York Court of Appeals · 1983
- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- Virginia Modave v. Long Island Jewish Medical Center and the County of Nassau (Meadowbrook Hospital)Court of Appeals for the Second Circuit · 1974
- Goldsmith v. Howmedica, Inc.New York Court of Appeals · 1986
- Alexander & Baldwin, Inc. v. Peat, Marwick, Mitchell & Co.District Court, S.D. New York · 1974
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