Donna Waldrup v. Stephanie Eads
Court of Appeals of Mississippi
1Opinion of the Court
MAXWELL, J.,
for the Court:
¶ 1. A medical-malpractice claim must be “filed within two (2) years from the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered];.]” 1 Donna Waldrup filed her wrongful-death claim based on Stephanie Eads’s medical negligence more than two years after Waldr- up’s mother died. Waldrup claimed the four-month delay in her mother’s official autopsy report tolled the two-year statute of limitations, making her claim timely. But the undisputed evidence shows Waldr-up and her siblings suspected Eads had…
2Cases cited14 opinions
- Barnes v. Singing River Hosp. SystemsMississippi Supreme Court · 1999
- Stevens v. LakeMississippi Supreme Court · 1993
- Sarris v. SmithMississippi Supreme Court · 2001
- Wayne General Hosp. v. HayesMississippi Supreme Court · 2004
- Wright v. QuesnelMississippi Supreme Court · 2004
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3Cited by5 opinions
- Mississippi Department of Audit v. Gulf Publishing Company, Inc.Court of Appeals of Mississippi · 2016
- Amelia Butler v. PHC-Cleveland, Inc. d/b/a Bolivar Medical CenterCourt of Appeals of Mississippi · 2019
- Christie Roberson v. Amory HMA LLC, Amory HMA Physician Management LLC, and Brian McCoy, M.D.;Court of Appeals of Mississippi · 2020
- Debra Green v. Singing River Health SystemCourt of Appeals of Mississippi · 2020
- Mississippi Department of Audit v. Gulf Publishing Company, Inc.Court of Appeals of Mississippi · 2016