Renner v. Edwards

SHEPARD, Justice.

This case presents for decision a single question, to-wit: in an action for medical malpractice involving an alleged misdiagnosis, should this Court adopt the “discovery rule” previously adopted by this Court in medical malpractice actions involving the negligent leaving of a foreign object in a patient’s body during surgery? The “discovery rule” sets forth that the cause of action in such case does not accrue until the patient learns, or in the exercise of reasonable care and diligence should have learned, of the negligence.

The instant case is an appeal from the dismissal of…