17 Cited authorities

Flanagan v. Mt. Eden Gen. Hosp
24 N.Y.2d 427 (N.Y. 1969) Cited 225 times
Holding that "[when] a foreign object is left in a patient's body . . . no claim can be made that the patient's action may be feigned or frivolous . . . there is no possible causal break between the negligence of the doctor or hospital and the patient's injury . . . the danger of belated, false or frivolous claims is eliminated"
Matter of Higby v. Mahoney
48 N.Y.2d 15 (N.Y. 1979) Cited 81 times
Submitted August 29, 1979 Decided September 4, 1979 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, FRANK R. BAYGER, J. Richard T. Sullivan and Arthur A. Russ for appellant. T.J. Szymanski, County Attorney (Roger D. Avent of counsel), for respondents. Per Curiam. By this proceeding petitioner seeks to have validated a designating petition filed with the Erie County Board of Elections for the purpose of having his name placed on the official Republican Party
Pahlad v. Brustman
33 A.D.3d 518 (N.Y. App. Div. 2006) Cited 31 times
In Pahlad v. Brustman, 33 A.D.3d 518, 519, 823 N.Y.S.2d 61 (1st Dept.2006), affd. 8 N.Y.3d 901, 834 N.Y.S.2d 74, 865 N.E.2d 1240 (2007), this Court cited Ciceron in support of its statement that a cause of action for wrongful birth (the decision's use of the term "wrongful life" appears to be a misnomer) accrues at the time of the infant's birth.
LaBarbera v. New York Eye & Ear Infirmary
91 N.Y.2d 207 (N.Y. 1998) Cited 35 times
In Labarbera v New York Eye and Ear Infirmary, 91 NY2d 207 (1998) the Court of Appeals concluded that a plastic stent placed in plaintiff's nose was not a foreign object.
Walton v. Strong Mem'l Hosp.
2015 N.Y. Slip Op. 4786 (N.Y. 2015) Cited 14 times
In Walton, the New York Court of Appeals held that a "fragment [of a catheter used during surgery] qualifies as a foreign object" for purposes of CPLR 214-a's discovery rule.
LaBello v. Albany Medical Center Hospital
85 N.Y.2d 701 (N.Y. 1995) Cited 37 times
In La Bello v. Albany Med.Ctr. Hosp. (85 N.Y.2d 701, 705), relying upon Jacobus v. Colgate (217 N.Y. 235, 241), the Court wrote: "Our precedents, on careful analysis, do not support such a distinction between '"hav[ing] a cause of action"' and '"hav[ing] the right to sue"'.
Rodriguez v. Medical Group
77 N.Y.2d 217 (N.Y. 1990) Cited 37 times
Holding that "this Court in Flanagan v. Mount Eden Gen. Hosp. recognized a narrow exception . . . in cases where a "foreign object," such as surgical clamps, had accidentally been left inside the patient's body"
Fleishman v. Lilly
62 N.Y.2d 888 (N.Y. 1984) Cited 47 times
In Fleishman v Lilly Co. (62 N.Y.2d 888, 890), the Court of Appeals refused to alter the old accrual rule and said, "Any departure from the policies underlying these well-established precedents is a matter for the Legislature and not the courts" (supra, at 890).
Goldsmith v. Howmedica, Inc.
67 N.Y.2d 120 (N.Y. 1986) Cited 40 times
In Goldsmith v Howmedica, Inc. (67 N.Y.2d 120), where a total hip implant broke, plaintiffs did not raise either the foreign object or the continuous treatment exception to the medical malpractice Statute of Limitations (CPLR 214-a).
Grossbaum v. Genesis Genetics Institute, LLC
Civil Action No. 07-1359 (GEB) (D.N.J. Jun. 10, 2011) Cited 3 times
Civil Action No. 07-1359 (GEB). June 10, 2011 MEMORANDUM OPINION GARRETT BROWN JR., District Judge This matter comes before the Court upon the Daubert motion and summary judgment motion (Doc. Nos. 109, 111) filed by Defendants Genesis Genetics Institute, LLC, and Dr. Mark R. Hughes (collectively "Genesis Defendants"); the motion for summary judgment (Doc. No. 108) filed by New York University Hospitals Center and New York University School of Medicine (collectively "NYU Defendants"); as well as multiple

B.F., et al., Respondents,v.Reproductive Medicine Associates of New York, LLP, et al., Appellants.

17 Cited authorities

In Labarbera v New York Eye and Ear Infirmary, 91 NY2d 207 (1998) the Court of Appeals concluded that a plastic stent placed in plaintiff's nose was not a foreign object.

In Walton, the New York Court of Appeals held that a "fragment [of a catheter used during surgery] qualifies as a foreign object" for purposes of CPLR 214-a's discovery rule.

In La Bello v. Albany Med.Ctr. Hosp. (85 N.Y.2d 701, 705), relying upon Jacobus v. Colgate (217 N.Y. 235, 241), the Court wrote: "Our precedents, on careful analysis, do not support such a distinction between '"hav[ing] a cause of action"' and '"hav[ing] the right to sue"'.

Holding that "this Court in Flanagan v. Mount Eden Gen. Hosp. recognized a narrow exception . . . in cases where a "foreign object," such as surgical clamps, had accidentally been left inside the patient's body"

In Fleishman v Lilly Co. (62 N.Y.2d 888, 890), the Court of Appeals refused to alter the old accrual rule and said, "Any departure from the policies underlying these well-established precedents is a matter for the Legislature and not the courts" (supra, at 890).

In Goldsmith v Howmedica, Inc. (67 N.Y.2d 120), where a total hip implant broke, plaintiffs did not raise either the foreign object or the continuous treatment exception to the medical malpractice Statute of Limitations (CPLR 214-a).