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kline v. McGuire12/13/2000
ems by family members during 1995. We believe our supreme court's holdings in McClendon and Langner require us to conclude plaintiffs' awareness of Richard's symptoms in 1995 was sufficient to cause the period of limitations to begin to run whether or not plaintiffs then knew or should have known the symptoms were causally related to medical care provided by defendants. Once they were aware of the symptoms, they were obligated to investigate the nature, extent, and cause of the problem. Plaintiffs were charged with knowledge of facts that would have been disclosed by a reasonably diligent investigation when they were aware of Richard's symptoms in 1995. See Langner, 533 N.W.2d at 518. There is no evidence in the record tending to prove the brain lesions could not have been discovered had the MRI scan been administered more than two years prior to the date plaintiffs commenced their action.
We therefore affirm the district court's determination the statute of limitations in this case began to run in 1995, and plaintiffs' suit, filed in June of 1998, was barred by section 614.1(9). Costs of this appeal are assessed to plaintiffs.
AFFIRMED.
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