Opinion

Johnson v. St. Patrick's Hospital

  • 148 Mont. 125
  • 417 P.2d 469
  • 1966 Mont. LEXIS 297
Court
Montana Supreme Court
Filed
Aug 8, 1966
Status
Published
Author
Doyle
On the bench
Harrison, Castles, Doyle, Adair
Cited by
53 cases
Authority
More cited than 5.6%

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 DOYLE:

I respectfully dissent. Viewed in any perspective the majority opinion overrules by implication, Coady v. Reins, 1 Mont. 424 . Further the majority suspend the statute of limitations. The legislature can hear the opposing arguments for the repeal, qualification or amendment of the statute.

This court does not have or possess such inherent right in determining the law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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