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

Summary

The New York Court of Appeals held that in a foreign‑object medical malpractice case the statute of limitations begins when the patient could reasonably have discovered the malpractice, not at the time of the negligent act. Accordingly, the trial court's dismissal was reversed and the case remanded for further proceedings. Justice Breitel dissented, arguing that the majority should have adopted a discovery rule with a longer outer limit.