Smith v. Consengco

Plaintiffs, Mary Ann Smith and Robert C. Smith, filed a medical malpractice action against Elizabeth G. Consengco, M.D., (herein referred to as Dr. Consengco) and W. A. Foote Memorial Hospital (herein referred to as Foote Hospital or defendant) on June 1, 1983, seeking to recover for injuries Mrs. Smith allegedly suffered as a result of surgery performed on April 7, 1981, by Dr. Consengco at Foote Hospital. On September 1, 1983, defendant filed a motion for accelerated judgment based upon the statute of limitations. Jackson County Circuit Court Judge Charles J. Falahee denied defendant’s…