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Jacobs v. Manhart6/5/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Appellants, Kristen M. Jacobs and South Bend Medical Foundation, Inc. (collectively "SBMF"), bring this discretionary interlocutory appeal from the trial court's order against them on their motion for preliminary determination as to the medical malpractice statute of limitation. Upon appeal, SBMF presents one issue for our review: whether the trial court correctly determined that the medical malpractice statute of limitation did not bar the Manharts' claim.
We affirm.
In February 1996, Nicole Manhart had a PAP smear, the results of which revealed that she had severe dysplasia. Shortly after her diagnosis, Ms. Manhart had a colposcopy, and one month later, a biopsy. Because of her history of gynecological problems, Ms. Manhart was instructed to have a follow-up PAP smear at three months, six months, and one year. If the results of the subsequent PAP smears were normal, Ms. Manhart was instructed that she could continue with annual check-ups. Ms. Manhart acted in accordance with these instructions and had several follow-up examinations and PAP smears. The results of Ms. Manhart's PAP smear taken at her three month check-up on June 20, 1996, revealed that she still had marked dysplasia. Her doctor explained that such abnormal results were to be expected so soon after the biopsy. Ms. Manhart had follow-up PAP smears taken in October 1996, February 1997, and again in November 1997; the results of all three were reported as normal.
In February 1998, Ms. Manhart discovered that she was pregnant, and on February 12, she had a PAP smear by order of her obstetrician. The specimen was analyzed by South Bend Medical Foundation, Inc. and read by Dr. Kristen M. Jacobs on February 19, 1998. The report submitted to Ms. Manhart's obstetrician indicated that the results of the PAP smear were normal, and Ms. Manhart was so notified. Since the February 1998 test, Ms. Manhart was under the care of a physician for various reasons, including the birth of her twins on July 1, 1998, and a routine examination and PAP smear by Dr. Born on March 11, 1999 in South Dakota. Again, Ms. Manhart was told that the results of this PAP smear were normal.
In June 1999, Ms. Manhart began to experience breakthrough bleeding, which she attributed to use of birth control pills. When the bleeding recurred the following month, Ms. Manhart contacted Dr. Born's office, and her prescription for birth control pills was changed. The bleeding continued however. On August 24, 1999, Ms. Manhart was examined by Dr. Carlson. As part of the examination, Dr. Carlson performed an ultrasound which indicated that Ms. Manhart had a large tumor. On August 31, 1999, Ms. Manhart received a second opinion from Dr. Bailey in Minneapolis, who confirmed the diagnosis. Ms. Manhart was told that her cancer was at Stage III or IV, the highest stage, but that her prognosis was good. Dr. Carlson and Dr. Bailey both recommended that Ms. Manhart have a hysterectomy. On September 3, 1999, Ms. Manhart had a radical hysterectomy.
Given the size of her tumor and how quickly it had developed, Ms. Manhart became curious about why the results of her previous PAP smears indicated no such abnormalities. Ms. Manhart began collecting her medical records, and in October 1999, she asked Nora Clark, a cytotechnologist and family friend, to review the slides from her prior PAP smears to see if anything may have been missed. Sometime between Thanksgiving and Christmas 1999, Ms. Clark informed Ms. Manhart that she believed some of the slides had been misread. During the week between Christmas 1999 and the New Year, Ms. Clark, at the direction of Ms. Manhart, forwarded t
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