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Twine v. Mercy Hospital

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1991
173 A.D.2d 816 (N.Y. App. Div. 1991)

Opinion

May 31, 1991

Appeal from the Supreme Court, Nassau County (O'Shaughnessy, J.).


Ordered that the order is affirmed, with costs.

The plaintiff alleges that an anonymous surgeon who sutured an accidental laceration on the dorsum of her right wrist in July 1986, committed medical malpractice. She did not institute her lawsuit, however, until on or about October 4, 1989. Since an action to recover damages for medical malpractice must be instituted within two years and six months of the occurrence of the malpractice (CPLR 214-a), the plaintiff's action is time-barred. The statute is not tolled by the plaintiff's lack of knowledge of the physician's malpractice (see, Meath v Mishrick, 68 N.Y.2d 992; cf., Goldsmith v Howmedica, Inc., 67 N.Y.2d 120). Nor has the plaintiff alleged fraudulent concealment sufficient to invoke the doctrine of equitable estoppel (cf., Simcuski v Saeli, 44 N.Y.2d 442). Thompson, J.P., Brown, Eiber and Harwood, JJ., concur.


Summaries of

Twine v. Mercy Hospital

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1991
173 A.D.2d 816 (N.Y. App. Div. 1991)
Case details for

Twine v. Mercy Hospital

Case Details

Full title:REBECCA W. TWINE, Appellant, v. MERCY HOSPITAL et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 31, 1991

Citations

173 A.D.2d 816 (N.Y. App. Div. 1991)
571 N.Y.S.2d 947