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Statute of Limitations

Guide to Weiss v. Rojanasathit, 975 S.W.2d 113 (Mo. 1998)

What did the trial court and appealant court do, and why did the Supreme Court review it?

What did defendant do on 10 April 1991?

What was the patient told about how she would find out about the test results?

What were the test results?

What was the patient told? Why?

When did plaintiff find out about the cancer?

What was her claim against defendant?

Why was it dismissed?

What is the basic limitations period?

What are the exceptions?

What ruling in Laughlin did the legislature respond to in revising the law?

Did the revised law create a discovery rule?

What happened in Miller v. Duhart?

What happened in Green v. Washington U?

What was plaintiff's damages argument?

How did the court dismiss that argument?

What happened in Maddox?

How did the court distinguish Maddox?

Why does the court disregard precedent from other states?

What was the "continuing negligence" argument?

What language from 516.100 did plaintiff rely on?

How is 516.105 different?

What is the continuing treatment theory?

How is this related to abandonment of the patient?

Why is plaintiff barred from using the continuing treatment doctrine?

How does plaintiff attempt to escape the termination of the relationship bar?

What was in the medical record?

What procedural rule does she run into?

What is equitable estoppel?

When does the court say it applies?

What is plaintiff's constitutionality argument?

Why does the court not consider it?

Which claim has not been ruled on before?

What does the court think of this law?

Do you agree with the court's action?

 

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