Kensinger v. Kippen

OPINION

LANSING, Judge.

Kenneth Kensinger, as trustee for the heirs of Darlene Kensinger, appeals the trial court’s grant of summary judgment to the defendants in this medical malpractice action. He contends that when a wrongful death action is based on medical malpractice, the cause of action accrues on the date of the decedent’s death rather than the date of last treatment, as the trial court ruled. We affirm.

FACTS

On August 10, 1981, Darlene Kensinger was admitted to St. Francis Hospital in Breckenridge, Minnesota. Her physician, N.R. Kippen, M.D., performed surgery to remove an ovarian cyst.…