Nemeth v. Harriman

LEHAN, Judge.

We reverse the dismissal with prejudice of this wrongful death suit for medical malpractice. We disagree with the trial court's conclusion that the statute of repose, section 95.11(4)(b), Florida Statutes (1989), precludes the suit. We conclude that the court erred in ruling that the repose period had expired before there was notice of injury. No contention has been raised concerning the statute of limitations.

The complaint includes the following allegations. In 1980 a pigmented lesion, apparently a mole, was removed from the back of Christopher Nemeth, plaintiff’s husband.…