Legal Opinion
Goldsmith v. Howmedica, Inc.
New York Court of Appeals
Decided March 27, 1986PublishedCited by 38 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
When a prosthetic device malfunctions, does a cause of action for medical malpractice accrue upon implantation of the prosthetic device or upon injury to the patient? That is the sole question before us. We conclude that the cause of action accrues upon implantation.
In 1973, plaintiff Robert Goldsmith received a total hip replacement in an operation performed by defendant Chitranjan S. Ranawat. The femoral component of the implant, manufactured by defendant Howmedica, Inc., broke in 1981. Goldsmith commenced this action in 1983 against the doctor for malpractice;…
2Cases cited14 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- McDermott v. TorreNew York Court of Appeals · 1982
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Schwartz v. Heyden Newport Chemical Corp.New York Court of Appeals · 1963
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3Cited by38 opinions
- Ackerman v. Price WaterhouseNew York Court of Appeals · 1994
- Rockefeller v. MorontNew York Court of Appeals · 1993
- National Life Insurance v. Frank B. Hall & Co.New York Court of Appeals · 1986
- Rodriguez v. Manhattan Medical Group, P. C.New York Court of Appeals · 1990
- Anonymous v. AnonymousNew York Supreme Court · 1992
33 more not listed; retrieve them via the Exa API.