KERN V. ST. JOSEPH HOSPITAL, INC. 697 P.2d 135 (1985) CASE BRIEF

KERN V. ST. JOSEPH HOSPITAL, INC.

697 P.2d 135 (1985)

NATURE OF THE CASE: Kern (P) appealed an affirmation of the trial court's grant of summary judgment to Hospital (D) dismissing P's action in negligence.

FACTS: Dale received external beam radiation therapy for cancer of the bladder at D. The treatments were administered by Dr. Simmons (D), an employee of defendant-respondent, X-Ray Associates (D). Dale and his wife were told by Dr. Simmons that the therapy would consist of 30 treatments of radiation. After Dale had received 25 treatments, the therapy was discontinued without explanation. Dale and his wife asked Dr. Simmons the reason for the early termination of the therapy, Dr. Simmons did not respond and appeared to stare off in the other direction. After the radiation treatments, Dale experienced problems with frequency of urination and the passing of blood in his bowel movements and urine. Dale died on August 30, 1982. The cause of death listed on the death certificate was sepsis-urinary tract infection due to or as a consequence of irradiation cystitis and proctitis and/or urinary bladder cancer. His wife (P) believed that the problems after the radiation therapy were acceptable complications of the treatments. They were never informed that Dale had received an excessive amount of radiation. After reading a newspaper article in 1981 regarding excessive radiation having allegedly been administered at St. Joseph Hospital, they began to suspect. Dale and P employed a lawyer to investigate whether the radiation therapy had been administered properly. P filed on March 21, 1983, in her capacity as personal representative of her husband's estate. Ds filed a motion for summary judgment contending that petitioner's lawsuit was barred by the statute of limitations. The court dismissed the suit. P appealed and the court of appeals affirmed. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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