holding that, when a surgeon negligently leaves a foreign object in a patient’s body, the statute of limitations is tolled “until the patient learns of, or in exercise of reasonable care and diligence should have learned of the presence of such foreign object in his body”
How later courts described this case
- holding that, when a surgeon negligently leaves a foreign object in a patient’s body, the statute of limitations is tolled “until the patient learns of, or in exercise of reasonable care and diligence should have learned of the presence of such foreign object in his body”
- interpreting a state statute of limitation
- discovery rule applied in malpractice action against doctor and hospital
Written by the judges who cited it.
The opinion
MR. JUSTICE CASTLES:
In concur in the result only. I would not make a long effort to confuse Coady v. Reins, 1 Mont. 424 . It simply was not a foreign or hidden object case, and there the claim for relief had accrued at the time of the negligent act. Here, so far as the record discloses, and for the purpose of summary judgment, no claim for relief existed until the foreign object, the sponge, began to cause trouble and damage. Upon trial of the issues, what the medical proof will show, either as to whether any negligence existed, or as to when a claim for relief accrued, remains to be seen.