Day v. Meek

RUSSON, Justice:

¶ 1 Plaintiff Lois Rebecca Day appeals from a summary judgment dismissing her malpractice action. According to Day’s complaint, defendants Dr. Stephen Meek and Davis Hospital negligently left a sponge inside her body after surgery. The district court held that the relevant statute of limitations required Day to bring notice of her action within one year of discovery1 of the malpractice. Because Day filed notice more than one year after she discovered the sponge, the court ruled that her claim was time-barred by the statute. Because we conclude the district court improperly…