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Cause of Action Accrued at the Time of Birth Case

In LaBello v. Albany Med. Ctr. Hosp. (85 NY2d 701) the infant plaintiff was injured in utero as a result of the alleged malpractice of the defendants.

In that case the Court held that the cause of action accrued at the time of birth based upon the principles that:

(1) an infant plaintiff has no right of action unless born alive

(2) liability for in utero injuries does not exist until there is a live birth,

(3) the Statute of Limitations cannot run until there is a legal right to relief.