Kolb v. Cook

Cureton, Judge:

These appeals involve actions for damages for medical malpractice against the estate of a decedent, Dr. Weston Cook. Mrs. Cook, the legal representative of the estate, moved *600to amend her answer to allege the actions were barred under Section 21-15-640 of the Code of Laws of South Carolina (1976) because they were not filed in the probate proceeding within the time limited. The trial judge held that the statute did not present a bar to the maintenance of the malpractice suits and denied the representative’s motion to amend. We affirm.

The facts are undisputed. On April 19, 1978,…