The defendants brought a motion for summary judgment to dismiss the plaintiffs' medical malpractice action as statute-barred.
The plaintiff, a diabetic, received foot care from the defendant chiropodist and later required a leg amputation due to Charcot foot.
The defendants argued the plaintiff knew or ought to have known of the claim by the date of amputation.
The plaintiff argued the claim was not discovered until receiving a medical expert report linking the amputation to the defendant's substandard care.
The court dismissed the motion, finding a genuine issue requiring a trial regarding when the plaintiff knew or ought to have known the facts necessary to discover the negligence claim.
