Cacdac v. Hiland

The Court of Appeals has held that in a medical malpractice case equitable estoppel will bar a statute of limitations defense only if the claimant has been diligent by filing an action within a reasonable time after discovery of the alleged malpractice. We adopt their decision.

Dr. Manuel A. Cacdae operated on Katherine L. Hiland in June 1981. Concerned about the outcome, she consulted other physicians in March 1988. Her last treatment through Dr. Caedac's office occurred in April 1985. By June 1985 she had reached the conclusion that the surgery had been unnecessary. In April 1987, twenty-two…