Miller v. Estate of Sperling

The opinion of the Court was delivered by

*372ZAZZALI, J.

The issue here is whether a plaintiffs failure to timely file a medical malpractice claim precludes a later wrongful death action arising out of the alleged malpractice.

Dr. Sperling treated plaintiffs wife from the early 1960s until 1985. During that period, Dr. Sperling prescribed a medication for her that allegedly was taken off the market because of adverse side effects. Plaintiffs wife passed away in 1996 without filing a medical malpractice action. Plaintiff filed suit two years later, alleging that improper treatment caused his wife’s…