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Statute of Limitations

Guide to: Caldwell v. Lester E. Cox Medical Centers-South, Inc., 943 S.W.2d 5 (Mo.App. S.D. Feb 27, 1997)

Key issue - when does the wrongful death statute come into a medical malpractice action and how does it help you with a statute of limitations problem such as a failure to tell the patient about a positive test for cancer and not getting caught for more than 2 years? (Assuming the old law is still in place.)

What claim did the plaintiffs file first?

What federal law did plaintiff's claim under?

What state statutory claim did they add?

When did Wollen come down?

What did Wollen tell us about lost chance cases?

What statute of limitations defenses did Cox Medical raise?

What did plaintiff claim was the controlling statute of limitations for survival actions?

How do survival and wrongful death actions differ?

What do you have to prove in each case if the underlying negligence is medical malpractice?

Why did plaintiffs' survival action fail?

What was the problem with the parents original pleading of the survival action?

 

 

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