[Download] "Earl Renner and Zella Renner v. Clifford" by Supreme Court of Idaho No. 10331 * eBook PDF Kindle ePub Free
eBook details
- Title: Earl Renner and Zella Renner v. Clifford
- Author : Supreme Court of Idaho No. 10331
- Release Date : January 28, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
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 plaintiffs' complaint for the reason that the action was barred by the
statute of limitations. The complaint alleges that the defendant-respondent held himself out to the public as a competent
physician and surgeon, and the plaintiffs-appellants engaged his services in 1961. Upon examination of Zella Renner, he diagnosed
a "gastrointestional condition/pathology" necessitating surgery in the form of a colostomy, which surgery he performed on
March 21, 1961. It is alleged that the patient for three years thereafter suffered, among other problems, continual pain and
inability to control her normal bodily functions. Treatment by a different surgical specialist resulted in corrective surgery
on July 15, 1964. Plaintiffs-appellants filed the instant action on June 6, 1966 seeking to recover a total of $114,623.60
as special and general damages, alleging that the defendant-respondent had misdiagnosed the patient's condition, acted in
a field of surgery for which he was unqualified, and performed unnecessary surgery.
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