SCHERER v. SCHULTZ

No. 84-482.

468 So.2d 539 (1985)

Clara M. SCHERER, Appellant, v. Richard D. SCHULTZ, M.D. and Richard D. Schultz, M.D., P.A., Enrique E. Morales, M.D. and White, Kump and Morales Medical P.A., Holy Cross Hospital, Inc., a Florida Corporation, and Florida Patient's Compensation Fund, Appellees.

District Court of Appeal of Florida, Fourth District.

May 15, 1985.


Attorney(s) appearing for the Case

Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, and William deForest Thompson, Fort Lauderdale, for appellant.

Kevin P. O'Connor and William R. Lemos of Lanza, Sevier & O'Connor, P.A., Coral Gables, for appellee Enrique E. Morales, M.D.


DELL, Judge.

Appellant filed a medical malpractice action against appellee Enrique E. Morales, M.D. and others some three years after appellee's alleged malpractice occurred. Appellee raised the statute of limitations as affirmative defense, and moved for summary judgment. The trial court granted appellee's motion.

The limitations period commenced when appellant discovered or should have discovered the incident giving rise to the action. § 95.11(4)(b...

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