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Featured Case

A Stent Was Deliberately Inserted in Plaintiff During Surgery in 1993 and Was Discovered and Removed in 2012; Although the Stent Should Have Subsequently Been Removed, Because It Was Inserted Intentionally and Served a Surgical Purpose It Was Not a ‘Foreign Object,’ Therefore the Discovery of the Stent in 2012 Did Not Start the Statute of Limitations; Complaint Dismissed as Time-Barred

The Second Department. reversing Supreme Court, determined that the medical malpractice action should have been dismissed as time-barred. Plaintiff alleged a ureteral stent/catheter was inserted during surgery in 1993 and was discovered and removed in 2012. If the stent were a “foreign object,” the action would have been timely. But the stent was deliberately inserted for a medical purpose, although it should have been removed after up to six months. Because the stent was purposely inserted, it was not a “foreign object. Livsey v. Nyack Hosp., 2018 N.Y. Slip Op. 08289, Second Dept 12-5-18

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New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.