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Medical Malpractice: Statute of Limitations – Continuing Care
Geri Dreiling//July 28, 2011//
Where a patient filed a medical malpractice lawsuit against his doctor two years and five days after the last visit with the doctor but the medical records indicated the care would be continuing and that the doctor adjusted the patient’s pain medication, the trial court erred in granting the doctor’s summary judgment because there was a factual dispute regarding when a doctor’s continuing care ended and the statute of limitations began to run on a cause of action.
Judgment is reversed and remanded.
Norman v. Lehman (MLW No. 62512/Case No. ED95661 – pages) (Missouri Court of Appeals, Eastern District, Ahrens, J.) Appealed from circuit court, St. Louis County, DePriest, J. (John T. Papa, Granite City, Illinois, for appellant) (Kevin F. O’Malley, St. Louis, for respondent).
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