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Keywords

lawsuitstatutesummary judgmentmalpracticestatute of limitations

statutesummary judgmentmalpracticestatute of limitations

Related Cases

Arnoult v. Webster, 480 P.3d 592

Facts

Kenneth Arnoult was diagnosed with aggressive periodontal disease in October 2011 and received treatment from Dr. Webster until December 2012. After experiencing worsening symptoms, he sought a second opinion from Dr. Rogers in January 2013, who diagnosed him with a bacterial infection and expressed surprise that it had not been treated sooner. Arnoult spent much of 2013 investigating the cause of his symptoms and only began to suspect malpractice after reviewing his dental records in October 2013, which he believed were altered. He filed a complaint against Dr. Webster in October 2015.

A man who suffers from periodontal disease received treatment from October 2011 through December 2012 and brought suit against his periodontist for dental malpractice in October 2015.

Issue

Was Kenneth Arnoult's dental malpractice claim barred by the statute of limitations due to being on inquiry notice prior to filing his suit?

Rule

The statute of limitations for personal injury claims in Alaska is two years, and it begins to run when a person discovers, or reasonably should have discovered, the existence of all elements essential to the cause of action. The inquiry notice date is the operative date for determining when the statute of limitations begins to run.

An action in a personal injury case must be 'commenced within two years of the accrual of the cause of action.' Generally, the statute of limitations starts to run on the date of injury.

Analysis

The court determined that Arnoult was on inquiry notice of his potential malpractice claim as early as January 2013 when he learned from Dr. Rogers about the untreated bacterial infection. The court found that Arnoult had sufficient information to prompt an inquiry into his treatment by Dr. Webster, including his worsening symptoms and the lack of follow-up care. The court concluded that by July 2013, Arnoult had enough information to investigate his claims, thus starting the statute of limitations clock.

The court held that 'the superior court had before it uncontroverted facts sufficient to support its entry of summary judgment' based on its conclusion that the limitation period started no later than July 2013.

Conclusion

The Supreme Court affirmed the lower court's summary judgment in favor of Dr. Webster, concluding that Arnoult's claim was barred by the statute of limitations as he was on inquiry notice well before he filed his lawsuit.

We therefore hold that 'the superior court had before it uncontroverted facts sufficient to support its entry of summary judgment' based on its conclusion that the limitation period started no later than July 2013.

Who won?

Dr. Webster prevailed in the case because the court found that Arnoult was on inquiry notice of his potential malpractice claim well before the statute of limitations expired.

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