A doctor failed to notify a woman of the radiologist’s report that her mammogram was abnormal. Instead, the doctor mistakenly advised her that everything was fine. Two years and a few months passed before her next mammogram, which led to her diagnosis of advanced breast cancer. Plainly, the physician had made a mistake, which he candidly admitted. But he also argued that the two-year statute of limitations barred her claim and that she herself was at fault for not having a mammogram sooner.
The statute of limitations in medical malpractice actions is strict. If the date of the negligence can be identified, the limitations period can begin to run from that date – not necessarily when the victim discovers the negligence. To succeed, we would have to show that the statute was unconstitutional as applied to our client because it was not possible for her to have discovered her claim within the limitations period. After we defeated the doctor’s summary judgment motion and we deconstructed the doctor’s expert during his deposition, the case was favorably resolved.