Legal Opinion
Shonda Ambers-Phillips and Richard Phillips II v. SSM DePaul Health Center
Supreme Court of Missouri
Decided April 28, 2015No. SC94322PublishedCited by 16 opinions
1Opinion of the CourtLaura Denvir Stith, Judge
Shonda Ambers-Phillips and her husband, Richard Phillips, II, appeal the trial court’s dismissal with prejudice of their medical malpractice and related claims against SSM DePaul Health Center for leaving foreign objects in her abdomen *904during surgery almost 14 years earlier.1 The Phillipses argue that the trial court erred in not holding that Missouri’s 10-year statute of repose for foreign-object medical malpractice claims was equitably tolled until Ms. Ambers-Phillips discovered the wrong, analogizing to the tolling of certain statutes of limitations until the wrong has been discovered.…
2Cases cited29 opinions
- Lozano v. Montoya AlvarezSupreme Court of the United States · 2014
- Poindexter v. GreenhowSupreme Court of the United States · 1885
- Kenyon v. HammerArizona Supreme Court · 1984
- CTS Corp. v. WaldburgerSupreme Court of the United States · 2014
- Mahoney v. Doerhoff Surgical Services, Inc.Supreme Court of Missouri · 1991
24 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Douglas Cosby v. Treasurer of the State of Missouri as Custodian of the Second Injury FundSupreme Court of Missouri · 2019
- William Dieser, Respondent/Cross-Appellant v. St. Anthony's Medical Center, Appellant/Cross-Respondent.Supreme Court of Missouri · 2016
- Byrne & Jones Enterprises, Inc. d/b/a Byrne and Jones Construction v. Monroe City R-1 School DistrictSupreme Court of Missouri · 2016
- Gordon Jeffery v. St. Louis Fire DepartmentMissouri Court of Appeals · 2016
- In re Estate of MickelsSupreme Court of Missouri · 2018
11 more not listed; retrieve them via the Exa API.