Patricia Caravaggio, Plaintiff-Appellant, and Robert Caravaggio, Her Husband, Plaintiff v. Robert D’agostini, M.D…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded the case, holding that the plaintiff’s medical malpractice claim was timely because the discovery rule did not begin to run until after the rod was removed and analyzed in October 1993. The Court reasoned that on August 4, 1993 the plaintiff had no reasonable basis to suspect the surgeon’s negligence. Justice LaVECCHIA dissented, arguing that the plaintiff had constructive knowledge of fault on that date and the claim should be barred.