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GOLDSMITH v. HOWMEDICA, INC.

67 N.Y.2d 120 (1986)

Robert Goldsmith et al., Appellants, v. Howmedica, Inc., Defendant, and Chitranjan S. Ranawat, Respondent.

Court of Appeals of the State of New York.

Decided March 27, 1986.

Attorney(s) appearing for the Case

Herman Schmertz for appellants.

Kenneth Mauro for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur.

TITONE, J.

When a prosthetic device malfunctions, does a cause of action for medical malpractice accrue upon implantation of the prosthetic device or upon injury to the patient? That is the sole question before us. We conclude that the cause of action accrues upon implantation.

In 1973, plaintiff Robert Goldsmith received a total hip replacement in an operation performed by defendant Chitranjan S. Ranawat...

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