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Shadwell v. Craigie11/1/2004
reached by[Dr.] Craigie or that any negligence occurred."
Respondents answered the complaint with general denials and asserted that the statute of limitations governing medical malpractice actions barred the case. Accordingly, Respondents moved to have the case dismissed under Rule 12(c), SCRCP. On July 8, 2002, the court denied the motion finding it to be premature. Respondents then filed a motion for reconsideration. The primary dispute at the hearing on the motion for reconsideration concentrated on whether the action was filed within the six-year time period established by the statute of repose.
On September 23, 2002, the trial court issued an order denying the motion for reconsideration holding that a genuine issue of material fact existed concerning when the physician-patient relationship ended between Shadwell and Dr. Craigie. Thus, the trial court found that an issue of fact existed as to whether Shadwell's action was barred by the statue of repose. Following receipt of this order, Respondents moved pursuant to Rule 59(e), SCRCP to alter or amend, seeking a ruling as to whether the three-year statute of limitations also acted as a time bar to Shadwell's action.
In an order dated November 15, 2002, the trial court granted Respondents' motion for summary judgment. Based on the deposition testimony taken in Shadwell's prior lawsuit, the court ruled that by the end of 1998, Shadwell "was aware of sufficient facts that would have put her on notice of the existence of a cause of action against Dr. Craigie for allegedly not informing her of the results of the lab tests performed on her on January 24, 1996." Therefore, because Shadwell did not file her suit against Dr. Craigie until March 2002, her action was barred by the three-year statute of limitations.
Shadwell filed a motion to alter or amend arguing the trial court erred in dismissing her claims. Shadwell argued that she raised two claims in her complaint: (1) that Dr. Craigie committed malpractice in failing to inform her of the lab results; and (2) that Dr. Craigie committed malpractice in failing to inform her referring physician of the lab results. Because she did not learn until Dr. Ziff's October 17, 2001 deposition that Dr. Craigie failed to inform him of the test results, Shadwell argued the trial court erred in also dismissing her second claim as barred by the statute of limitations. Shadwell argued that these two allegations of negligence constituted separate and independent causes of action, and thus, the court erred in dismissing her case. The trial court denied Shadwell's motion by order dated November 25, 2002. This appeal followed.
STANDARD OF REVIEW
"In reviewing the grant of a summary judgment motion, this Court applies the same standard which governs the trial court under Rule 56(c), SCRCP." Fisher v. Stevens, 355 S.C. 290, 294, 584 S.E.2d 149, 151 (Ct. App. 2003). Accordingly, summary judgment is appropriate when "'there is no genuine issue as to any material fact and... the moving party is entitled to a judgment as a matter of law.'" Id. (quoting Rule 56(c), SCRCP). "In determining whether any triable issue of fact exists, as will preclude summary judgment, the evidence and all inferences which can be reasonably drawn therefrom must be viewed in the light most favorable to the nonmoving party." McNair v. Rainsford, 330 S.C. 332, 341, 499 S.E.2d 488, 493 (Ct. App. 1998).
LAW/ANALYSIS
I.
Shadwell argues the trial court erred in granting summary judgment because the record does not support the trial court's finding that she should have known about Dr. Craigie's failures by late 1998. Regardless of when Shadwell learned of Dr
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