David v. Kleckner

Decedent died on March 25, 2011 from cervical cancer. On July 1, 2011, Decedent's Estate commenced this medical malpractice action, alleging that Defendant, Decedent’s physician, had negligently failed to perform a recommended endocervical biopsy and that this mistake led to a late diagnosis of Decedent’s cancer and ultimately resulted in her death. Defendant filed a motion for summary judgment on statute of limitations grounds because the complaint was filed more than two years after Defendant allegedly failed to perform the endocervical biopsy. The trial court granted the motion. The Supreme Court reversed, holding that there remained a genuine issue of material fact as to whether the Estate filed its complaint within a reasonable time, and therefore, Defendant was not entitled to summary judgment. View "David v. Kleckner" on Justia Law