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MYRICK v. JAMES

444 A.2d 987 (1982)

Joan L. MYRICK and Bruce A. Myrick v. John A. JAMES, M. D.

Supreme Judicial Court of Maine.

Decided May 4, 1982.

Attorney(s) appearing for the Case

E. Stephen Murray (orally), Murray, Plumb & Murray, Ellyn C. Ballou, Portland, for plaintiffs.

Hunt, Thompson & Bowie, James M. Bowie (orally), M. Roberts Hunt, Portland, for defendant.

Before McKUSICK, C. J., GODFREY, NICHOLS, CARTER, VIOLETTE and WATHEN, JJ., and DUFRESNE, A. R. J.

CARTER, Justice.

In Tantish v. Szendey, 158 Me. 228, 182 A.2d 660 (1962), this Court held that a foreign-object surgical malpractice action accrues, for the purpose of determining when the statute of limitations commences, at the time of the negligent act. In so holding, we conformed to the then contemporary weight of authority and expressly rejected the proposition that such an action accrues only when the patient becomes...

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