Myrick v. James

CARTER, Justice.

In Tantish v. Szendey, 158 Me. 228, 182 A.2d 660 (1962), this Court held that a foreign-object surgical malpractice action accrues, for the purpose of determining when the statute of limitations commences, at the time of the negligent act. In so holding, we conformed to the then contemporary weight of authority and expressly rejected the proposition that such an action accrues only when the patient becomes aware or has reason to be aware of the physician’s alleged failure to remove the foreign-object from his body in the course of surgery. For the reasons set forth herein, we…