Kowske v. Life Care Centers of America, Inc.

OPINION

DRUKE, Presiding Judge.

The primary issue in this appeal is whether the two-year statute of limitations applicable to a medical malpractice action is tolled until plaintiffs’ counsel secures an expert opinion of malpractice. We hold that it is not, based upon the undisputed facts presented by this case. Our review of this question of law is de novo. United Bank of Arizona v. Allyn, 167 Ariz. 191, 805 P.2d 1012 (App.1990).

Rosalie Kowske was a nursing care patient at Life Care Centers of Sierra Vista (Life Care). She died there on October 12, 1987. An autopsy was performed the following…