Michael Stringer, as Natural Father and Next Friend of Alicia Stringer, a Minor v. James T. Trapp, M.D.

Summary

The Supreme Court of Mississippi considered whether the discovery rule tolled the statute of limitations in a medical malpractice action against a radiologist. The court held that factual questions remained regarding when the plaintiff knew of the radiologist’s involvement and its relationship to her injury, making summary judgment improper. The court reversed and remanded.

Holdings

1. The discovery rule may toll Mississippi's medical-malpractice statute of limitations even when the injury itself is nonlatent, if the plaintiff does not know that the medical practitioner's negligence caused the known injury.
2. Summary judgment was improper because genuine factual questions remained regarding what Stringer knew and when she learned of Dr. Trapp's involvement and its connection to her injury.

Questions Presented

1. Whether the discovery rule tolled Mississippi's two-year medical-malpractice statute of limitations because Stringer did not know of Dr. Trapp's involvement or the relationship between his conduct and her injury.
2. Whether the trial court erred in finding that no genuine issue of material fact existed regarding when Stringer knew or reasonably should have known of the alleged negligence.

Disposition

reversed_and_remanded