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Shadwell v. Craigie11/1/2004
at 333, 440 S.E.2d at 381 (emphasis added).
From this statement, Shadwell asserts we recognized a separate and distinct cause of action for a physician's failure to inform a patient's primary physician of pertinent test results. Shadwell, however, fails to recognize that in Jernigan we specifically declined to rule on the issue. Accordingly, as a review of our case law uncovers a lack of authority on point, the question is a matter of first impression.
Here, the trial court summarily disposed of this issue, which could have significant implications concerning the liability to which consulting physicians may be exposed. Additionally, application of the statute of limitations and/or the statute of repose to any cause of action Shadwell may have for Dr. Craigie's failure to report the test results to Dr. Ziff may differ from her other cause of action. Moreover, the standard for reporting such findings and proximate cause are issues that need to be developed further. We, thus, hold the trial court improperly disposed of the question by granting summary judgment. ML-Lee Acquisition Fund, L.P. v. Deloitte & Touche, 320 S.C. 143, 153, 463 S.E.2d 618, 624 (Ct. App.1995) (stating that although all issues of novel impression do not require a trial, summary judgment is inappropriate where further inquiry into the facts is desirable to clarify application of the law); See Shea v. State Dept. of Mental Retardation, 279 S.C. 604, 611, 310 S.E.2d 819, 822 (Ct. App. 1983) ("If the statute's application is not absolutely clear as a matter of law, question should not be decided without fully developing the facts by means of trial.") overruled on other grounds by McCall v. Batson, 285 S.C. 243, 329 S.E.2d 741 (1985).
CONCLUSION
Shadwell's cause of action based on the failure of Dr. Craigie to inform her of the test results is barred by the statute of repose. Because the issue of whether the respondents are liable to Shadwell for Dr. Craigie's failure to notify Dr. Ziff of the test results needs further factual development and is a novel issue, we hold the trial court erred in granting summary judgment. Accordingly, the trial court's order is reversed as to the latter issue, and this case is remanded to the trial court for a determination as to whether Dr. Craigie's failure to notify Dr. Ziff of the abnormal test results constituted actionable negligence for which Shadwell may recover against the Respondents.
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
HEARN, C.J., STILWELL, J. and CURETON, A.J., concur.
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