Conley v. Springfield Clinic

Medical malpractice.

Gillie Conley appeals from a summary judgment in favor of the Springfield Clinic and Dr. Alan Rubenstein, granted on the grounds that the complaint was not timely filed.

We affirm.

The complaint, filed on September 2, 1983, alleged that Dr. Rubenstein negligently severed nerves in plaintiff’s neck during an operation on June 9, 1981. Plaintiff maintained that as a result of the alleged negligence her shoulder drooped and she suffered pain in the shoulder area.

In a discovery deposition, plaintiff stated that she felt pain in her shoulder since the time of the operation. On…