The First Department held that inaccurately transcribing a seizure date onto a DMV physician form is ordinary negligence governed by a three-year limitations period.
The First Department affirmed dismissal of a ureter-injury malpractice claim because the plaintiff’s expert did not answer the defense explanation that delayed tissue damage would not have been visible during surgery.
The First Department kept a delayed pulmonary-embolism claim against a hospital alive but dismissed the treating emergency physician because the opposition relied on facts contradicted by the medical record.
The First Department reversed denial of summary judgment in a medical malpractice action, holding it was time-barred under CPLR § 214-a because plaintiff sought no further treatment after a post-operative evaluation more than two and a half years before filing suit — and a note in the chart scheduling a follow-up visit that plaintiff never attended did not extend the limitations period under the continuous treatment doctrine.