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Keywords

discoverystatutemalpracticestatute of limitations

Related Cases

Bonness v. Armitage, 305 Neb. 747, 942 N.W.2d 238

Facts

This case began when Bonness filed a complaint against Armitage, alleging a failure to timely diagnose prostate cancer. Bonness had a family history of prostate cancer and had undergone several PSA tests prior to becoming Armitage's patient in 2010. Despite Bonness's concerns and requests for testing, Armitage did not perform PSA tests during several visits. In January 2015, Bonness was diagnosed with prostate cancer, which led to a radical prostatectomy. Bonness alleged that he only learned of the claims against Armitage after his cancer recurred in June 2016.

This case began when Bonness filed a complaint against Armitage, alleging a failure to timely diagnose prostate cancer.

Issue

Did the district court err in dismissing Bonness's medical malpractice action on statute of limitations grounds?

Rule

A medical malpractice action must be commenced within two years after the alleged act or omission, or within one year from the date of discovery of the claim if it could not have been reasonably discovered within the two-year period.

Analysis

The court analyzed whether Bonness discovered his claims against Armitage when he was diagnosed with prostate cancer in January 2015. It concluded that Bonness was aware of facts sufficient to put a reasonable person on inquiry notice of his claims at that time, given his prior medical history and Armitage's failure to perform necessary tests. Therefore, the court found that Bonness's claims were time-barred.

The court analyzed whether Bonness discovered his claims against Armitage when he was diagnosed with prostate cancer in January 2015.

Conclusion

The Supreme Court affirmed the district court's dismissal of Bonness's medical malpractice action, concluding that the claims were barred by the statute of limitations.

Who won?

Dr. Joel D. Armitage prevailed in the case because the court found that Bonness's claims were barred by the statute of limitations, as he discovered his claims when he was diagnosed with prostate cancer in January 2015.

Dr. Joel D. Armitage prevailed in the case because the court found that Bonness's claims were barred by the statute of limitations.

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