Clanton v. Estivo

Prager, C.J.:

Hulda Clanton appeals from the dismissal of her medical malpractice action against Michael P. Estivo, D.O., on statute of limitations grounds. Clanton contends that her suit was timely filed pursuant to K.S.A. 60-518, commonly known as the savings statute.

The facts in the case are undisputed. On November 17, 1994, the defendant performed a total hip replacement on the plaintiff, who was 72 years old at the time. Thereafter, Clanton underwent additional surgeries on her hip.

On March 22, 1996, Clanton filed a civil action alleging the surgery by defendant was negligently performed…