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Smith v. Danson

The plaintiff's claim based solely on the defendant doctor's alleged misdiagnosis of her post-surgery complications was not time-barred because the limitations period ran from the time of the misdiagnosis, not the time of surgery.

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Dominique J. Smith, MD, and her obstetrics and gynecology practice, Premier Women’s Healthcare, LLC collectively, Smith, appeal from the trial court’s denial of Smith’s motion for summary judgment on Laura Woodley Danson’s complaint for medical malpractice.1 That claim arose out of a surgical procedure in which Danson was injured. Smith argues that Danson’s complaint was filed after expiration of the two-year statute of limitations for medical-malpractice claims and that the trial court erred by holding otherwise.

It is undisputed that the claims arising out of the surgery itself, which Danson asserted in her original complaint, are time barred. But Danson has abandoned those claims. She now asserts only a claim for a subsequent misdiagnosis and takes the position that the injury she suffered during surgery was not the result of negligence but rather a known risk of the procedure. Because the claim she now asserts is a timely free-standing misdiagnosis claim, it is not time barred as a matter of law. Accordingly, we affirm.

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