Martin v. Naik

McAnany, J.:

This appeal presents a couple of deceptively simple questions. First, does the statute of limitations start to run on a medical malpractice claim at the time of injury when the defendant’s conduct causes the patient to suffer a coma from which he never recovers? Second, when the patient’s heirs bring a wrongful death action following the patient’s death, is that claim barred by the statute of limitations if it is not brought within 2 years after the negligent conduct that caused the patient’s coma and eventual death? After rambling through a briar patch of somewhat confusing…