Fuller v. Lynch

LOWENSTEIN, Judge.

Plaintiffs (Fullers) in this medical malpractice action appeal from the Circuit Court’s dismissal of their claims based on all Defendants’ motions to dismiss for expiration of the time allowed under the one year savings statute. Pertinent facts are as follows:

Fullers filed an action of medical negligence which alleged that all Defendants: several doctors; a hospital; and an orthopaedic clinic negligently treated their daughter Heather Fuller by first failing to diagnose a tumor, and then attempting to remove the tumor, leaving Heather paralyzed.

On February 7, 1991, Fullers…