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DeROGATIS v. MAYO CLINIC

No. C7-85-1861.

390 N.W.2d 773 (1986)

Frank DeROGATIS, Trustee for the next of kin of Patricia DeRogatis, deceased, and Frank DeRogatis, individually, Plaintiffs, v. MAYO CLINIC, et al., Defendants.

Supreme Court of Minnesota.

August 8, 1986.

Attorney(s) appearing for the Case

Thomas Tinkham, Steve J. Wells, Minneapolis, Robert M. Moore, Law Dept., Mayo Clinic, Rochester, for defendants.

Gary W. Goldsmith, Minneapolis, for plaintiffs.

Considered and decided by the court en banc with oral argument.

COYNE, Justice.

The question relating to when the period of limitations governing a wrongful death action based on medical malpractice begins to run is before this court upon certification by the United States District Court, District of Minnesota pursuant to Minn. Stat. § 480.061 (1984).

The decedent Patricia DeRogatis underwent surgery on July 15, 1981 at St. Mary's Hospital in Rochester to replace an artificial valve originally implanted to relieve...

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