Boyd v. Becker

ANSTEAD, Judge.

James Curtis Boyd was the plaintiff in a medical malpractice action. The trial court dismissed the action upon concluding that Boyd’s claim was untimely filed. We affirm on all points.

*1372FACTS

The facts pertinent to the dismissal are not in dispute. On June 3, 1988, Ferdinand F. Becker, a physician, performed a surgical procedure on Boyd. The subsequent medical malpractice suit was based on a scar resulting from the operation. On June 4, 1990, the two year statutory limitation for medical malpractice action expired. However, on that date, Boyd timely requested and received a ninety…