Alberts v. Giebink

HALL, Circuit Judge.

Plaintiff brought suit in 1979 for alleged medical malpractice by defendants, stemming from defendants’ medical services to plaintiff following an automobile accident in 1968. Defendants sought dismissal of the action, based upon the present medical malpractice statute of limitations, SDCL 15-2-14.1. 1 The circuit court granted summary judgment to defendants, and plaintiff appeals. We reverse and remand.

Plaintiff argues on appeal that the existing statute of limitations, which does not incorporate a “discovery rule,” 2 is unconstitutional as a denial of due process.…