Bazakos v. Lewis

Summary

The New York Court of Appeals held that a claim alleging negligent physical handling by a physician during an independent medical examination is a medical malpractice claim. Accordingly, the claim is governed by CPLR 214-a’s two-year-and-six-month statute of limitations rather than the three-year period for ordinary personal injury actions. The court reversed the Appellate Division and reinstated the dismissal as untimely, over a dissent.

Holdings

1. A claim against a doctor for alleged negligence in performing an independent medical examination is a claim for medical malpractice, even though the examination is conducted for an adversary and does not involve a traditional treatment relationship.
2. Bazakos's action was untimely because it was commenced approximately two years and eleven months after the examination, beyond CPLR 214-a's two-year-and-six-month limitations period.

Questions Presented

1. Whether a claim alleging that a physician negligently injured an examinee while performing an independent medical examination is an action for medical malpractice under CPLR 214-a.
2. Whether the action was timely commenced under the three-year limitations period for ordinary personal injury actions or was barred by CPLR 214-a's two-year-and-six-month limitations period.

Disposition

reversed