Simcuski v. Saeli
New York Court of Appeals
44 N.Y.2d 442, 406 N.Y.S.2d 259, 377 N.E.2d 713 (1978)
- Written by Steven Pacht, JD
Facts
In October 1970, Dr. Anthony Saeli (defendant) operated on Eleanor Simcuski (plaintiff). After the procedure, Simcuski complained of numbness and pain; Saeli responded that the symptoms were temporary and would be alleviated by physiotherapy. As prescribed by Saeli, Simcuski underwent physiotherapy until October 1974. However, in January 1974, a new doctor told Simcuski that her injury probably was caused by the surgery that Saeli performed. In October 1974, a different doctor confirmed that diagnosis and advised Simcuski that physiotherapy would not help her. In April 1976, Simcuski sued Saeli for negligence in operating on her, for concealing his malpractice, and for misrepresenting that physiotherapy would help her. Per Simcuski, Saeli’s intentional withholding of information deprived her of the opportunity to be cured of her condition. Saeli moved to dismiss the complaint on statute-of-limitations grounds. The supreme court denied Saeli’s motion, but the appellate division reversed. Simcuski appealed.
Rule of Law
Issue
Holding and Reasoning (Jones, J.)
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