Duke v. Boyd

— This case involves the statute of limitation for medical malpractice cases. The trial court dismissed Plaintiff’s medical malpractice action against Defendant, an ophthalmologist, since the suit was filed nearly 10 years after the last eye surgery. Because Defendant’s postsurgical representations to Plaintiff allegedly constituted intentional concealment of Defendant’s negligence, we reverse and remand for trial.

Plaintiff, Joan Duke, received eye care from Dr. Herschell Boyd from 1974 until 1992. Between 1974 and 1983, Duke saw Boyd for eye examinations and to obtain prescriptions for eye…