RENNER v. EDWARDS

No. 10331.

475 P.2d 530 (1969)

93 Idaho 836

Earl RENNER and Zella Renner, husband and wife, Plaintiffs-Appellants, v. Clifford J. EDWARDS, Defendant-Respondent.

Supreme Court of Idaho.

On Rehearing October 8, 1970.


Attorney(s) appearing for the Case

Melvin J. Alsager, Moscow, for appellants.

Eugene L. Miller, Coeur d'Alene, for respondent.

Langroise, Clark, Sullivan & Smylie, Boise, amicus curiae.


SHEPARD, Justice.

This case presents for decision a single question, to-wit: in an action for medical malpractice involving an alleged misdiagnosis, should this Court adopt the "discovery rule" previously adopted by this Court in medical malpractice actions involving the negligent leaving of a foreign object in a patient's body during surgery? The "discovery rule" sets forth that the cause of action in such case does not accrue until the patient learns, or in the...

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