Statute of Limitations and “Foreign Object” Rule

The statute of limitations in a New York medical malpractice lawsuit typically begins to run on the date that the mistake or malpractice is committed. There are few exceptions to this rule. One exception, the “foreign object rule,” tolls the statute of limitations for filing a medical practice lawsuit where a foreign object is negligently left inside a patient after a surgical procedure. “Tolling” the statute of limitations means pausing or delaying the deadline for filing a lawsuit. The statute of limitations is tolled because the patient may not even know that an object has been left inside him or her. The patient must sue within one year of discovering the foreign object.

It’s a good idea to consult a New York medical malpractice attorney as soon as possible so that you can avoid a statute of limitations defense.

A “foreign object” has been defined as something that doctors never intended to leave inside a patient, such as a sponge or a needle. A foreign object is not something that doctors intended to remain in the patient’s body, even just temporarily.

Fixation devices” are items placed in the patient with the intention that they serve a continuing medical purpose, such as a catheter, pacemaker or an artificial knee. If a fixation device malfunctions the statute of limitations is not tolled.

Because it is often unclear whether the statute of limitations will be tolled or not, it is best to contact a New York medical malpractice as soon as you suspect you may have a medical malpractice case.

Broken Catheter Case

In one case, doctors intentionally left a catheter in a patient’s heart and removed it a few days later. However, when they removed the catheter, a piece broke off and remained in the plaintiff’s heart. Since the catheter was originally intended to remain, the broken piece could not be considered a “foreign object.” Accordingly, the statute of limitations was not tolled during the years that the catheter piece was in the patient without him knowing. The judge made this ruling even though he held that there was no question that the catheter piece was not left intentionally and did not serve a continuing medical purpose.

If you have been injured by medical malpractice, call Gersowitz Libo & Korek, P.C. at (212) 385-4410 to schedule a free consultation with a New York medical malpractice attorney.

Jeff S. Korek, Senior Trial Partner

Recent Posts

Multiple People Injured After Car Crashed Into Howell Nail Salon

Elderly Driver Involved in Howell Car Accident at Nail Pro Salon on Route 9 South…

1 day ago

Pedestrian Killed in Union Car Accident by the Lincoln Tunnel

Investigation Underway After Pedestrian Died in Union Collision on Route 495 UNION, NEW JERSEY (December…

1 day ago

Woman Died in Manhattan MTA Subway Train Accident by West 44th Street

Investigation Underway After Woman Died in Collision Involving MTA Train in Manhattan by West 44th…

1 day ago

Girl Killed In Jamestown School Bus Accident

Panama Central School District Bus Involved in Fatal Jamestown School Bus Collision With 4-Year-Old Girl…

1 day ago

Female Pedestrian Died in East Harlem Collision by East 118th Street

 NYPD Searching for Driver Involved In Fatal East Harlem Collision near East 118th Street and…

1 day ago

Construction Worker Injured After Falling Through Manhole Cover in Washington Heights

First Responders Rescued Construction Worker After He Fell Through Manhole Cover in Washington Heights WASHINGTON…

2 days ago