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Gomon v. Northland Family Physicians6/13/2002
Appellants Kirk N. Gomon and Carol Gomon brought a medical malpractice action against respondents Northland Family Physicians, Ltd. and Harvey D. Smith, M.D. The St. Louis County District Court granted respondents' motion for summary judgment, finding that the action was barred under the two-year statute of limitations in force at the time the cause of action accrued. The court of appeals affirmed. Because we hold that Minn. Stat. § 541.076 (2000) applies retroactively to revive an action that was time-barred before the effective date of the new statute, we reverse.
On July 23, 1996, Kirk Gomon was seen for a physical examination by Dr. Harvey D. Smith, a family practice physician employed by Northland Family Physicians, Ltd. (the clinic). During the examination, Dr. Smith observed that Gomon's left nipple was inverted and that there was a palpable mass surrounding the area of the nipple. Dr. Smith identified the mass as Gomon's nipple, and did not recommend further testing or treatment. In July and August 1998, following medical visits at a different clinic, Gomon was diagnosed with and began treatment for breast cancer. On December 3, 1999, Gomon and his wife commenced a medical malpractice action against respondents Dr. Smith and the clinic. The suit alleged that the conditions noted by Dr. Smith required further evaluation for breast cancer and that diagnosis and treatment following Gomon's July 1996 visit with Dr. Smith would have led to successful treatment of the cancer. The complaint further alleged that because of the delay in diagnosis and treatment the cancer had spread and it was probable that Gomon would not survive.
At the time the Gomons' cause of action accrued, on July 23, 1996, the statute of limitations governing medical malpractice claims required that an action be brought within two years of accrual. See Minn. Stat. § 541.07(1) (1996). Subsequently, the legislature enacted an amendment to the statute deleting the two-year statute of limitations for medical malpractice actions and replacing it with a four-year limitations period, effective on August 1, 1999, for actions commenced on or after that date. See Act of Mar. 26, 1999, ch. 23, §§ 1-3, 1999 Minn. Laws 128, 128 (hereinafter referred to as "1999 Act"), codified at Minn. Stat. §á541.076. In their answer to the Gomons' complaint, Dr. Smith and the clinic asserted a statute of limitations defense and in May 2000 respondents moved for summary judgment asserting that the cause of action was time-barred.
The St. Louis County District Court applied the two-year limitations period in effect at the time the Gomons' cause of action accrued, and granted respondents' motion for summary judgment. The court concluded that the amendment to the limitations period did not revive the Gomons' otherwise time-barred action.
The Gomons appealed, and the court of appeals affirmed the summary judgment in favor of respondents holding that Minn. Stat. § 541.076 did not apply retroactively to revive the Gomons' malpractice claim that was time-barred prior to August 1, 1999. This appeal followed.
This court reviews a district court's order of summary judgment to determine whether there is any genuine issue of material fact and whether the district court correctly applied the law. Offerdahl v. Univ. of Minn. Hosp. & Clinics, 426 N.W.2d 425, 427 (Minn. 1988). The facts here are undisputed, therefore the only question presented is one of statutory interpretation. Construction of a statute of limitations is a question of law that this court reviews de novo. Ryan v. ITT Life Ins. Corp., 450 N.W.2d 126, 128 (Minn. 1990).
When interpreting a statute, a court must first determine whethe
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