The defendant physician brought a motion for summary judgment to dismiss a medical malpractice action, arguing it was statute-barred under the one-year limitation period in the Health Professions Procedural Code.
The defendant contended the plaintiffs knew or ought to have known of the claim in November 2003 when surgery was delayed.
The plaintiffs argued they did not discover the claim until April 2004 when they learned the cancer was terminal.
Applying the full appreciation test for summary judgment, the court found a genuine issue for trial regarding when the material facts were discovered, as the plaintiff's initial concerns about delay did not necessarily equate to knowledge of a cause of action.
The motion for summary judgment was dismissed.
