KILGORE v. BARNES

No. 57623.

508 So.2d 1042 (1987)

Dr. Thomas L. KILGORE, Jr.; Dr. Martin H. McMullan; The Surgical Clinic, P.A.; and The Mississippi Baptist Medical Center v. Woodrow Wilson BARNES.

Supreme Court of Mississippi.

Rehearing Denied July 15, 1987.


Attorney(s) appearing for the Case

Herber A. Ladner, Jr., Stephen P. Kruger, Douglas E. Barfield, Upshaw & Ladner, Cary E. Bufkin, K. Hayes CallicuttShell, Buford, Bufkin, Callicutt & Perry, Jackson, for appellants.

John H. Price, Jr., Thomas, Price, Alston, Jones & Davis, Jackson, Vernon H. Broom, Columbia, for appellee.

Before WALKER, C.J., and ROBERTSON and GRIFFIN, JJ.


ROBERTSON, Justice, for the Court:

This case presents a nice question regarding application of our 1976 medical malpractice statute of limitations to a claim arising from acts or omissions occurring in 1974. Important to the context is that the claim presented was not barred at the time of enactment of the 1976 limitations statute. Within the meaning of the new statute, the claim did not accrue until discovery in 1982, with suit thereon being brought within two years...

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