The appellant, Dr. Mistry, appealed an Associate Justice's order that granted a motion to add him and Dr. Karmali-Rawji as defendants in a medical malpractice action.
The core issue was whether the claim against Dr. Mistry for delayed diagnosis and failure to refer was statute-barred under the Limitations Act, 2002.
The Master had found the claim was discovered in May 2017 when the plaintiff's counsel reviewed medical records, thus the limitation period had not expired.
Dr. Mistry argued the claim was discoverable earlier, by February 2015.
The court dismissed the appeal, finding no palpable and overriding error in the Master's decision.
It affirmed that the plaintiff, an unsophisticated litigant, and his counsel could not have drawn a plausible inference of liability against Dr. Mistry without the new information from the full medical records, which revealed the spinal lesion was diagnosable earlier.