Banks v. Dalbey

Smith, Judge.

In this action brought by appellant Banks for medical malpractice, the trial court granted appellee Dalbey’s motion for summary judgment. The motion was founded upon the alleged late filing of the suit under the applicable statute of limitations. We reverse.

On August 24, 1974, appellant cut his hand on a ceramic vase, and on that date appellee, a medical doctor, treated appellant and attempted to remove glass from his wound. Although appellant continued to experience some residual pain, the cut healed and the treatment appeared successful. However, X-rays taken in June or July of…