Gaines v. Preterm-Cleveland, Inc.

The instant appeal presents two distinct issues for our review and determination. The first is whether a positive misrepresentation of a patient’s condition, upon which the patient reasonably relies to his detriment, constitutes a cause of action in fraud independent of any claim of malpractice. We hold that the allegations advanced by appellant generated a genuine issue of fact as to whether fraud occurred, a cause of action which we deem to be cognizable under these facts. The second question is whether plaintiffs in medical malpractice actions who reasonably do not discover the cause of…