Legal Opinion

Donna Waldrup v. Stephanie Eads

Court of Appeals of Mississippi

Decided December 1, 2015No. 2014-CA-01085-COAPublishedCited by 5 opinions

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

  1. Barnes v. Singing River Hosp. SystemsMississippi Supreme Court · 1999
  2. Stevens v. LakeMississippi Supreme Court · 1993
  3. Sarris v. SmithMississippi Supreme Court · 2001
  4. Wayne General Hosp. v. HayesMississippi Supreme Court · 2004
  5. Wright v. QuesnelMississippi Supreme Court · 2004

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Mississippi Department of Audit v. Gulf Publishing Company, Inc.Court of Appeals of Mississippi · 2016
  2. Amelia Butler v. PHC-Cleveland, Inc. d/b/a Bolivar Medical CenterCourt of Appeals of Mississippi · 2019
  3. Christie Roberson v. Amory HMA LLC, Amory HMA Physician Management LLC, and Brian McCoy, M.D.;Court of Appeals of Mississippi · 2020
  4. Debra Green v. Singing River Health SystemCourt of Appeals of Mississippi · 2020
  5. Mississippi Department of Audit v. Gulf Publishing Company, Inc.Court of Appeals of Mississippi · 2016

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