McCord v. Lee

Contrary to the conclusion of the majority, I believe the Court of *183Appeals has adopted a legally sound, well-reasoned approach in addressing the circumstances presented in this case.

As both the majority and the Court of Appeals have noted, the so-called “new injury exception” was developed in misdiagnosis cases to accommodate situations in which a misdiagnosis results in the failure to treat a benign condition which remains latent and later develops into a more serious, less treatable condition. In such situations, we have deviated from the rule equating, for statute of limitations purposes,…