Moore ex rel. Moore v. Morris

BARKDULL, Judge.

Appellants, as plaintiffs, filed a medical malpractice action against the defendants seeking damages for injuries sustained by the infant child at birth. The trial judge entered summary judgment for the defendants finding that the action was barred by the statute of limitations,1 as the parents were put on notice at the time of the birth of the infant of the alleged negligent conduct or injury.

Prior to the mother being taken to the hospital for delivery it was a normal pregnancy. After she commenced labor the husband was advised there was an emergency and the baby would be…