White v. Zubres

MICHAEL A. WOLFF, Chief Justice.

When suing a physician after the two-year statute of limitations period, may a patient avoid summary judgment by asserting that his claim fits the statute’s exception for “negligent failure to inform the patient of the results of medical tests”?

Facts

Philip White 1 , at age 57, was referred by his family physician to a hospital in July 1998 for a whole body bone scan due to some unexplained abdominal pain. A bone scan is a diagnostic procedure used to evaluate abnormalities involving bones and joints. In preparation for a bone scan, a radioactive substance is…