Arnold v. Grigsby

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Plaintiff underwent several medical procedures performed by Defendants, two medical doctors. Two years and three months after the treatment ended, Plaintiff filed a medical malpractice claim against Defendants. Upon a motion by Dr. Grigsby, one of the doctors, the district court dismissed Plaintiff's claim, finding that the claim was barred by the two-year statute of limitations. The court of appeals reversed. The Supreme Court affirmed but on different grounds, holding (1) the court of appeals correctly found that, as a matter of law, Dr. Grigsby failed to show Plaintiff filed her claim more than two years after she discovered or should have discovered her legal injury; but (2) when a plaintiff alleges a course of negligent treatment, a defendant may show that the claim is barred by the two-year statute of limitations without identifying the specific procedure within the course of treatment that caused the patient's injury. Rather, to prevail, a defendant need only show that the plaintiff filed her claim more than two years after she discovered that the course of treatment was negligent. Remanded. View "Arnold v. Grigsby" on Justia Law