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CLARK v. STITHAM

468 A.2d 601 (1983)

Linda CLARK et al. v. Linus STITHAM et al.

Supreme Judicial Court of Maine.

Decided December 7, 1983.

Attorney(s) appearing for the Case

Strout, Payson, Pellicani, Cloutier, Hokkanen, Strong & Levine, Esther R. Barnhart (orally), Joseph M. Cloutier, Rockland, for plaintiffs.

Gross, Minsky, Mogul & Singal, Jules L. Mogul (orally), Rudman & Winchell, David C. King (orally), Edith A. Richardson, Bangor, for defendants.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ.

MEMORANDUM OF DECISION.

This foreign objects medical malpractice case, which arose out of a surgical operation performed in 1973, was commenced on September 15, 1982, within two years after the alleged malpractice was discovered. Nonetheless, the Superior Court (Piscataquis County) dismissed the action, see Tantish v. Szendey, 158 Me. 228, 182 A.2d 660 (1962), because this court, in enunciating the discovery rule in Myrick...

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