Kielsa v. St. John's Lutheran Hospital Association

Rogosheske, Justice.

Appeal from a judgment of the district court dismissing plaintiff’s action with prejudice pursuant to Rule 41.02(1), Rules of Civil Procedure. We affirm the judgment of dismissal.

The action, which was commenced on July 26, 1962, is based upon a claim of medical malpractice which arose on December 11, 1958. Plaintiff’s complaint alleged that on that date, while she was a hospital patient following a gall bladder operation, she sustained a severe burn and scarring to her right leg as a result of defendants’ negligence in administering “Levophed,” a drug used as an antidote…