Negligence-Medical Malpractice-Continuing Care Doctrine

Plaintiffs appealed the grant of summary judgment to defendants. The trial court held that plaintiffs’ claims were barred because they were filed after the two-year statute of limitations. On appeal, plaintiffs argued that plaintiff Frank Wolfe was receiving continuing medical care, thereby tolling the statute of limitations. Plaintiffs further argued that defendants failed to plead material facts entitling them to summary judgment and that the trial court improperly resolved conflicts of evidence against plaintiffs.

Where the record demonstrated that Frank’s and defendants’ patient-provider relations terminated more than two years before plaintiffs’ filed their complaint, as the parties had a post-surgical follow-up appointment where the parties discussed no further treatment, the trial court correctly concluded that plaintiffs’ complaint was barred by the statute of limitations.

Judgment is affirmed.

Wolfe v. Walker (MLW No. 83089/Case No. WD87357 – 18 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Cole County, Beetem, J. (Patrick Martucci, Joplin for appellant) (Timothy Gearin, Clayton; Paul Brusati and Scott Jansen, St. Louis for respondents)