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Clark v. Larson1/28/2002
Appeal from the Iowa District Court for Story County, Carl D. Baker, Judge.
On appeal from the district court's order granting summary judgment against them on their medial malpractice action, plaintiffs contend the court erred in concluding the action was barred by the statute of limitations. AFFIRMED.
Laura L. and Douglas J. Clark appeal from the district court's entry of summary judgment dismissing their medical malpractice claim. We affirm.
I. Background Facts and Proceedings.
On August 3, 1999, Laura Clark and her husband, Douglas, sued Dr. David C. Larson and his employer, McFarland Clinic, for medical malpractice. The Clarks' petition included the following allegations:
4. On December 12, 1996 Plaintiff Laura L. Clark was evaluated at Defendant McFarland Clinic, P.C. for persistent hoarseness and left vocal chord paralysis. On January 30, 1997 Plaintiff Laura L. Clark was again evaluated at Defendant McFarland Clinic, P.C., for a continuation of symptoms leading to a diagnosis of bilateral vocal chord paralysis.
5. On February 3, 1997 a CT scan was performed on Plaintiff Laura L. Clark, covering the base of the skull, neck and mediastinum. The CT scan was interpreted by Defendant David C. Larson, M.D. as presenting a negative examination.
6. On or about August 6, 1997 Plaintiff Laura L. Clark was diagnosed with a posterior pharyngeal mass. Upon biopsy examination this mass was determined to present an undifferentiated carcinoma.
7. The Defendant David C. Larson, M.D. and Defendant McFarland Clinic, P.C., through its agents or employees were negligent in failing to properly interpret the CT scan of February 3, 1997, in failing to make an appropriate medical diagnosis of the condition of Plaintiff Laura L. Clark and in failing to provide medical evaluation, recommendation, care and treatment to Plaintiff Laura L. Clark.
Larson and McFarland denied liability for any of the damages claimed. In their motion for summary judgment, Larson and McFarland claimed the Clarks' lawsuit was time barred because it was filed more than two years after the Clarks knew or should have known of the injury for which they sought damages. In their resistance the Clarks argued that the statute of limitations was not triggered until at least August 7, 1997, the date on which they were informed that a mass noted on an August 2, 1997 CT scan was malignant. The trial court's ruling on this motion states:
The record supports the contention that the plaintiffs were made aware on approximately February 27 that the Mayo clinic physicians did not perceive the McFarland Clinic CT scan as normal or negative. This should have alerted the plaintiffs that there was a possibility that Dr. Larson had improperly interpreted the scan. Mrs. Clark testified in her deposition that on approximately February 25 , either Dr. Boeve or Dr. Midthun [Mayo physicians] showed her and Mr. Clark the CT scan and pointed out where the abnormality was. Dr. Boeve's report dated February 25, states that a formal review of the outside CT scan showed "a slight tissue prominence," "some deformity of the right posterolateral wall of the trachea," and "some increased soft tissue." The report refers to "lesions on the CT scan" and "the CT abnormality." (Exhibit 8) Dr. Midthun's report on February 27 likewise stated that a review of the outside CT scan showed asymmetry close to the vocal cords, deformity, and increased soft tissue. (Exhibit 9) When these reports were read during deposition, Mrs. Clark testified that the reports were not different from her recollection of her visits with the doctors. It is sufficient that the plaintiffs b
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