Chestnut v. Adeli

Medical malpractice limitations question.

May a plaintiff file suit alleging medical malpractice on the basis of actions occurring toward the end of a continuous course of treatment, then subsequently file a timely amended complaint based on completely different conduct commencing early on in that course of treatment — nearly 10 years after the initial conduct occurred?

We think not.

We affirm.

Chestnut filed her initial complaint alleging medical malpractice on March 26, 1981. The gravamen of the allegations contained therein was defendants’ alleged tortious conduct in inserting a Kuntscher rod…