New York Court of Appeals

Josephine Flanagan, Appellant v. Mount Eden General Hospital, Respondents

April 17, 196924 N.Y.2d 427

Summary

The Court held that in a foreign‑object medical‑malpractice case the statute of limitations does not begin to run until the patient could reasonably have discovered the negligence. Accordingly, the defendants' motions to dismiss were denied and the case was remanded for further proceedings.