Patient’s Severe Injury Claim Barred by Statute of Limitation

Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.

Summary judgment was granted to chiropractor in a malpractice case where two-year statute of limitations began to run on the date a patient suffered a broken wrist during treatment, not later when the bone died, and had run when the action was filed.

The plaintiff alleges that between August 16, 1999 and October 16, 1999, the defendant provided care and chiropractic services to the plaintiff. During the court of treatment, the plaintiff’s condition worsened, including the onset of severe pain to the right wrist accompanied by radiating pain in the right arm. On or about October 16, 1999, the defendant performed an adjustment on the plaintiff’s right wrist that resulted in severe and excruciating pain of the right wrist and arm. The plaintiff was then referred to another doctor, who found that the plaintiff had a broken wrist. The plaintiff brought suit against the defendant for negligence and failure to obtain informed consent.  On December 21, 2002, the defendant moved for summary judgment, because the two year statute of limitation for the claims had run.

The court granted the defendant’s motion to dismiss. The plaintiff argued that the statute had not run, because the actual injury was initiated when the failure to properly diagnose his broken wrist resulted in the subsequent death of the bone from poor blood supply. The dead bone was not diagnosed until 2002.  The court disagreed with this argument. “The plaintiff, in the exercise of reasonable care, should have discovered that he not only was not getting the care from the defendant that he needed but that the care he was receiving was obviously harming him.” The court concluded that the actionable injury was initiated upon the manifestation of the wrist and hand pain.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: Villa v. Sport Hill Chiropractic. 2003 Conn. Super. LEXIS 3337 (Conn. Super. Ct. November 28, 2003).