Betthauser v. Medical Protective Co.

The issue in this case is whether the statute of limitations in effect at the time of the alleged medical malpractice or a shorter statute of limitations later enacted by the legislature governs this medical malpractice action. The trial court ruled that the latter statute applied and dismissed the plaintiffs' action as untimely. We disagree and, instead, conclude that the statute in effect at the time of the alleged malpractice controls. We reverse the trial court's judgment and remand for further proceedings on the plaintiffs' complaint.

Michael Betthauser and his parents, Gene and Mary…