Inasmuch as defendant has been in possession of the infant's medical records since the time of the alleged malpractice in 1982 when the infant plaintiff was born, it had actual notice of the claim that the infant's cerebral palsy was due to defendant's malpractice committed prior to and at the time of his birth, and of the underlying facts, within the limitations period, and, given this "knowledge and the resulting lack of prejudice", the almost 10-year delay in serving a...
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