The defendant surgeon brought a motion for summary judgment to dismiss the plaintiffs' medical malpractice action as statute-barred under the Limitations Act, 2002.
The plaintiff suffered a ureter injury following a colon resection in 2012, but only discovered severe kidney damage in 2016, prompting the 2017 lawsuit.
The court dismissed the motion, finding genuine issues requiring a trial regarding whether the kidney damage was a new, distinct injury or an inevitable progression of the ureter injury, and when a reasonable person would have known that a legal proceeding was an appropriate means to seek a remedy.
