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Levy v. Newell2/10/2005
gnated facts indicate that they clearly possessed enough information that would have led a reasonable person to believe that Levy committed malpractice on April 5, 2001. Within three days of the operation performed by Levy, Tracey began having indications that something was wrong. On April 11, 2001, a diagnostic test was performed "revealing a biliary duct injury secondary to the laparoscopic cholecystectomy." (Tracey's Affidavit; Appellant's App. at 78). On the next day, Tracey was admitted to the University of Chicago Hospital for "evaluation and surgical repair of injury." (Tracey's Affidavit; Appellant's App. at 78). In August of 2001, within four months after the injury was discovered, and some twenty months before the expiration of the statute of limitation, the Newells consulted an attorney. On October 23, 2001, approximately eighteen months before the expiration of the limitation period, the Newells' felt the need to direct their attorney to write the letter referring to Tracey's "strong" belief that Levy had committed malpractice. We hold as a matter of law that the Newells possessed sufficient knowledge by October of 2001, if not sooner, to put a reasonable person on notice that malpractice had caused the injury to Tracey's bile ducts. Thus, at the very least, the Newells had over fourteen months in which to file a malpractice suit against Levy. Enforcement of the two-year occurrence-based statute of limitation neither denied the Newells a meaningful opportunity to pursue their malpractice claims nor shortened the window of time between discovery and the expiration of the limitation period so unreasonably that it was impractical for them to file their claim.
Reversed and remanded with instructions that the trial court grant Levy's motion.
ROBB, J., and BARNES, J., concur.
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