AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Plaintiff filed a complaint alleging malpractice for care received by the Decedent on September 20, 2018. The complaint was filed on September 28, 2021, and centered around an incident where a nurse allegedly admitted to giving the Decedent too much Fentanyl during treatment. The Plaintiff claimed fraudulent concealment based on the Defendants' alleged failure to disclose this information contemporaneously (para 3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff: Argued that the complaint was timely based on the discovery of alleged malpractice through a family friend's information that a nurse believed the Decedent was given too much medication. The Plaintiff also claimed fraudulent concealment by the Defendants for not disclosing the overmedication at the time it occurred (para 3).
• Defendant Donaldson: Moved to dismiss the complaint based on the three-year statute of limitations for personal injury, asserting that the Plaintiff's complaint was filed past the statutory deadline (para 3).
• Defendant Presbyterian: Argued for dismissal based on the three-year statute of repose applicable to qualified healthcare providers, also asserting that the complaint was filed after the statutory deadline (para 1).

Legal Issues

• Whether the complaint was barred by the applicable three-year statute of limitations for personal injury claims.
• Whether the complaint was barred by the three-year statute of repose applicable to qualified healthcare providers.
• Whether the Plaintiff's claim of fraudulent concealment could extend the limitations period for filing the complaint.

Disposition

• The district court's orders dismissing the complaint against Defendant Donaldson and Defendant Presbyterian were affirmed (para 6).

Reasons

• The Court, consisting of Judges Megan P. Duffy, Jennifer L. Attrep, and Shammara H. Henderson, affirmed the district court's dismissal of the complaint. The Court found that the Plaintiff's complaint was filed past the three-year statutory deadlines for both personal injury and qualified healthcare providers, establishing a prima facie ground for dismissal. The Plaintiff failed to respond to Defendant Donaldson's motion to dismiss, leading to an admission of the movant's stated facts and summary judgment in favor of Defendant Donaldson based on the statute of limitations. Regarding Defendant Presbyterian, the Court noted that the Plaintiff had nearly the entire statutory period to file her claim after the alleged concealment was discovered, undermining the basis for extending the limitations period through a claim of fraudulent concealment. The Court concluded that the district court did not err in its rulings, affirming the dismissal of the complaint (paras 2-6).