Ternes v. GALICHIA

Hill, J.:

We consider here a medical malpractice action. Herman M. Temes dismissed his first lawsuit against Joseph P. Galichia, M.D., and then with another counsel refiled it about 4 months later. Ultimately, the district court dismissed his second lawsuit based on the 2-year statute of limitations. We reverse the district court’s dismissal because Galichia never raised the affirmative defense of the statute of hmitations during the 16 months he litigated the first lawsuit and also took clear, unequivocal steps, such as seeking a professional malpractice screening panel and participating in…