Neeriemer v. Superior Court of Maricopa County

HAIRE, Judge.

The petitioner by this special action seeks to reverse a ruling by the respondent trial judge that where the original complaint in a medical malpractice action alleges negligence in the performance of a surgical operation, an amended complaint which alleges a battery by reason of a failure to obtain the “informed consent” of the plaintiff to the operation does not “relate back” to the time of filing of the original complaint so as to defeat application of the statute of limitations. Though the question- is not without some difficulty, we have concluded that the challenged ruling…