Brown v. Bleiberg

Opinion

REYNOSO, J.

We interpret provisions of the statute of limitation dealing with medical malpractice. In the case at bench, we reverse a summary judgment in favor of a podiatrist and a physician despite the passage of over 12 years since the plaintiff’s injury. Although the delay in this case was extreme, a triable issue of fact exists whether the doctors’ alleged affirmative concealment of the true nature of the surgery prevented plaintiff from discovering that the injury resulted from the defendants’ tortious conduct in performing an unnecessary operation. We cannot say as a matter of…