LIMITATIONS OF ACTIONS - PHYSICIANS AND SURGEONS - MALPRACTICE - ACCRUAL OF CAUSE OF ACTION

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Defendant, a physician, treated plaintiff's decedent for cancer. Defendant failed to remove certain radium beads from decedent's uterus, and their presence in her body caused her death approximately five years later. The fact that defendant failed to remove the radium beads was not learned by plaintiff until a few months before decedent's death. Plaintiff brought suit, under the Kansas Wrongful Death Statute, within two years of the discovery of the alleged malpractice. Held, since plaintiff's cause of action accrued when the injurious acts took place, and since the statutory two-year limitation upon the bringing of tort actions was applicable, that the plaintiff's action was barred; and the judgment of the trial court, overruling defendant's demurrer, should he reversed. Graham v. Updegraph, (Kan. 1936) 58 P. (2d) 475.

Recommended Citation

Michigan Law Review, LIMITATIONS OF ACTIONS - PHYSICIANS AND SURGEONS - MALPRACTICE - ACCRUAL OF CAUSE OF ACTION, 35 Mich. L. Rev. 838 (1937).
Available at: https://repository.law.umich.edu/mlr/vol35/iss5/15