Legal Opinion
Bleiler v. Bodnar
New York Court of Appeals
Decided May 2, 1985PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
A claim against a hospital for the negligence of its medical personnel in treating a patient is governed by the Statute of Limitations for medical malpractice, as is a direct cause of action against the doctor and the nurse. However, a claim that the hospital failed to provide competent personnel or to promulgate appropriate emergency room rules sounds in negligence, and is subject to the three-year limitations period (CPLR 214), rather than the shorter medical malpractice limitations period (CPLR 214-a).
I
On October 9, 1980, plaintiff James Bleiler visited the…
2Cases cited27 opinions
- Topel v. Long Island Jewish Medical CenterNew York Court of Appeals · 1981
- Huntley v. State of New YorkNew York Court of Appeals · 1984
- Ruane v. Niagara Falls Memorial Medical CenterNew York Court of Appeals · 1983
- City of Buffalo v. MaggioNew York Court of Appeals · 1968
- Bamert v. Central General HospitalAppellate Division of the Supreme Court of the State of New York · 1980
22 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Patten v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1876
- City of Cohoes v. Delaware & H. Canal Co.New York Supreme Court · 1889
- Seymour v. Spring Forest Cemetery Ass'nNew York Supreme Court · 1892
- Hoag v. PierceNew York Supreme Court · 1892