Flynn v. Lucas County Memorial Hospital

McCORMICK, Justice.

This is a malpractice action brought by a patient against a nurse and her hospital-employer. Defendants moved for summary judgment alleging the action was barred by plaintiff’s failure to give notice of his claim within 60 days of injury as required by Code § 613A.5. Plaintiff resisted on the theory the notice requirements were inapplicable to his claim against the nurse and that his notice to the hospital was timely because given within 60 days of discovery of his injury. Trial court sustained the motion and plaintiff appealed. We affirm in part, reverse in part, and…