Summary
This Minnesota Supreme Court opinion reverses a district court's grant of summary judgment in a medical malpractice action brought by June A. Grondahl against Dr. Matthew H. Bulluck and The Duluth Clinic, Ltd. The central issue is whether a genuine dispute of material fact exists regarding when the physician's treatment ceased, which determines if the lawsuit was filed within the two-year statute of limitations. The court holds that telephone consultations and ongoing symptom management may sustain a physician-patient relationship, making the cessation date a question for the jury rather than a matter of law on summary judgment.
Topics
Practice areas
Questions Presented
- Whether there exists a genuine issue of material fact concerning the date on which Dr. Bulluck's treatment of Mrs. Grondahl ceased for purposes of the statute of limitations.
Holdings
- There is a genuine issue of material fact as to when Dr. Bulluck's treatment ceased; therefore the summary‑judgment order is reversed and the case remanded.
Key quotations
“When Dr. Bulluck's treatment of Mrs. Grondahl ceased was a genuine issue of material fact which should have been decided by the jury.” (at 242)
“We conclude that there does [exist] a genuine issue of material fact concerning the date on which Dr. Bulluck's treatment of Mrs. Grondahl ceased, and, therefore, reverse and remand for further proceedings.” (at 242)
Factual background
Mrs. Grondahl was diagnosed with multiple sclerosis in August 1971 by Dr. Bulluck. She received intermittent treatment and hospitalizations through 1975 and maintained telephone contact with Dr. Bulluck until at least February 5, 1977, when she reported a balance problem. Dr. Bulluck asserted his last in‑person visit was September 30, 1975, and denied further treatment thereafter.
Procedural history
The district court granted summary judgment, holding the malpractice action was barred by the two‑year statute of limitations because treatment had ceased. Grondahl appealed, arguing there was a genuine issue of fact as to when Dr. Bulluck's treatment actually ceased.
Remand instructions
Proceed with the case consistent with this opinion, allowing the issues of when treatment ceased to be decided by a jury.