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Szczuvelek v. Harborside Healthcare Woods Edge1/24/2005
is one of those cases, plaintiff will have sufficient knowledge that a wrong has occurred to prompt an investigation. The main consideration behind statutes of limitations is "one of fairness to the defendant." Lopez v. Swyer, 62 N.J. 267, 274 (1973). The dissent would disregard that principle and delay the start of the running of the statute of limitations until the whimsical date plaintiff decided to review the medical records. That methodology would extend the statute of limitations in almost every medical malpractice case.
In short, " he linchpin of the discovery rule is the unfairness of barring claims of unknowing parties." Mancuso, supra, 163 N.J. at 29. At the time of Burns' death, plaintiff was not an unknowing party. He knew or should have known of sufficient facts to alert "a reasonable person exercising ordinary diligence," that Harborside's conduct may have caused or contributed to Burns' death. Martinez, supra, 163 N.J. at 52. In this case, we find no justification to apply the discovery rule to plaintiff's cause of action against Harborside.
JUSTICE ZAZZALI concurring in part, and dissenting in part.
Since we embraced the seemingly straightforward discovery rule over forty years ago, our jurisprudence has applied that equitable doctrine to accommodate varied and complex factual circumstances. That precedent should enable us, in this appeal, to determine the appropriate formulation of the discovery rule in the context of a complicated medical malpractice case.
Although I agree with the concurrence in its decision to remand as to Somerset Medical Center, I respectfully disagree with its conclusion that plaintiff exceeded the statute of limitations in the Harborside matter.
I.
The per curiam opinion fairly sets forth the relevant facts in this appeal. I emphasize only the following.
On April 15, 1999, plaintiff visited his friend, Eugene Burns, at Harborside Nursing Home. During his visit of approximately two hours, plaintiff understood that Burns was afraid and dissatisfied with the care he was receiving. Plaintiff spent the rest of that day trying to locate alternative care for Burns. However, the next morning plaintiff received word that Burns was struggling to breathe and that Harborside had transferred him to Somerset Medical Center. The next day, a doctor from Somerset informed plaintiff that Burns had died of heart failure.
Two to three weeks later, plaintiff contacted an attorney who advised him to obtain the decedent's medical records. Plaintiff certified that "upon obtaining those records realized that suspicions concerning the cause of [Mr. Burns's] death might rest at the hands of Harborside." Plaintiff filed a complaint on April 26, 2001.
The experts' reports indicate the following medical history of decedent. In 1999, doctors discovered that Burns had an ascending aortic aneurysm during a pre-operation medical exam relating to reconstructive knee surgery. On February 5, 1999, doctors at Robert Wood Johnson University Hospital operated on Burns and replaced the aortic valve. The same day, they operated for tamponade (the restriction of the heart due to an accumulation of fluid). Post-operation, Burns failed to breathe adequately and was reintubated. Because he could not be taken off of a ventilator, Burns required a tracheotomy. While at Robert Wood Johnson, Burns suffered from pneumonia and colitis. On April 13, 1999, Robert Wood Johnson transferred Burns to Harborside for continued full-time care. Burns died on April 17, 1999, at Somerset Hospital.
The defense expert stated that the cause of Burns's death was "overwhelming septic shock as a result of se
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