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Bassford Remele is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation and dispute resolution.
Press Releases
Minnesota Court of Appeals Affirms Medical Malpractice Statute of Limitations Ruling
Date: Nov 3, 2005 — Minneapolis, MN
The Minnesota Court of Appeals recently affirmed the district court's ruling in a medical malpractice matter involving the four-year statute of limitations.
Plaintiff underwent brain surgery in 1989. A radiologist’s report prepared at the time of surgery noted the presence of a broken catheter in plaintiff’s left subclavian vein. Plaintiff was unaware of the broken catheter until 2001, when an emergency room doctor informed her that an x-ray revealed its presence. Plaintiff commenced a medical malpractice action against the hospital and her surgeons alleging they were negligent in failing to remove the catheter, a fact they allegedly concealed. The district court granted defendants’ motion for summary judgment, concluding that the action was time-barred under the four-year statute of limitations, Minn. Stat. § 541.076(b).
On appeal, plaintiff conceded that in most circumstances the statute of limitations would bar the claim. However, plaintiff argued, on these facts the statute should be tolled because defendants fraudulently concealed her cause of action by not disclosing the broken catheter in 1989. In an unpublished opinion, the Court of Appeals disagreed. It affirmed the district court, holding that there was no evidence of any intentional or affirmative effort to conceal the catheter's presence.
Bassford Remele Shareholder Mark R. Whitmore successfully represented the defendant hospital in this matter.
Hemmerlin-Stewart v. Northwest Anesthesia, P.A., et al., 2005 WL 2143691 (Minn. App. Sep. 6, 2005). Link to Minnesota Court of Appeals Opinion
Bassford Remele, A Professional Association, is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation. The Bassford firm is a community of experienced and committed trial lawyers who embrace a professional approach to the practice of law, providing the highest level of legal expertise and advice.