Stringer Ex Rel. Stringer v. Trapp

KITCHENS, Justice,

for the Court:

¶ 1. This medical malpractice action was dismissed because the trial court determined that the statute of limitations had run before the filing of the complaint. The plaintiff appeals, arguing that the discovery rule should have served to toll the statute of limitations.

FACTS AND PROCEDURAL HISTORY

¶ 2. On January 6, 2005, the plaintiff, thirteen-year-old Alicia Stringer, sought treatment from West Point Family Medical Clinic for nausea, abdominal pains, diarrhea, and severe cramping. At the clinic, a nurse practitioner advised her to seek emergency care at the…