A state appellate court recently published an opinion in a medical negligence case stemming from a 2011 surgery. The case was brought by a couple after the wife underwent surgery at a local hospital and subsequently suffered a stroke. Approximately two years after the surgery, the couple brought a claim against the manufacturer of the medical device that the respondents used during the procedure. This lawsuit did not name the doctor who performed the surgery or the hospital where it was performed.
Several months later, and after the three-year statute of limitations had expired, the plaintiffs filed a second amended complaint. The couple wanted to add the doctor and hospital as new parties to the lawsuit under a medical malpractice theory. The hospital and doctor moved for summary judgment and argued that the statute of limitations barred the lawsuit because although the original case was filed before the statute of limitations had expired, the amended complaint naming them was untimely. The district court granted these motions, and the couple then appealed. The appellate court held that the defendants were correct and that the case against them should be dismissed