Bush v. Cress

The question presented is whether the cause of action for malpractice alleged in the complaint is barred by the statute of limitations.

The applicable part of the statute, referring to the commencement of an action after its accrual, follows:

“The following actions shall be commenced within two years.

“For libel, slander, assault, battery, false imprisonment, or other tort, resulting in personal injury, and all actions against physicians, surgeons, dentists, hospitals, sanitariums, for malpractice, error, mistake, or failure to cure, whether based on contract or tort.” L. 1925, p. 102, c. 113, 2…