In Bazakos v. Lewis, the litigious plaintiff claimed Dr. Lewis injured him when the doctor examined plaintiff during an independent medical examination performed on behalf of tortfeasors in a separate personal injury action stemming from a motor vehicle accident. The trial court dismissed this negligence action deeming it “founded in medical malpractice” bound by a 2 ½- year statute of limitations that was untimely commenced. The Appellate Division, Second Department reversed finding plaintiff’s claim was properly brought as a negligence action and timely filed within the 3-year statute of limitations.

This decision examines the relationship inherent in the performance of a statutory medical examination, the legislative intent of a shorter statute of limitations for malpractice claims and the legal principle of stare decisis.

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_07081.htm