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COLBERT v. GEORGETOWN UNIVERSITY

No. 91-CV-100.

623 A.2d 1244 (1993)

Edward COLBERT, Individually and as Personal Representative of the Estate of Susan Colbert, Appellant, v. GEORGETOWN UNIVERSITY, D/B/A Georgetown University Hospital, and Thomas C. Lee, M.D., Appellees.

District of Columbia Court of Appeals.

Decided May 4, 1993.

Attorney(s) appearing for the Case

Barry J. Nace, Washington, DC, for appellant.

Carolyn H. Williams, with whom David C. Kiernan and Julie Gross Adelson, Washington, DC, were on the brief, for appellees.

Before ROGERS, Chief Judge, and TERRY and SCHWELB, Associate Judges.

TERRY, Associate Judge:

This medical malpractice case presents an issue of first impression in the District of Columbia: whether metastatic cancer can be an "injury," the discovery of which by a plaintiff commences the running of the three-year statute of limitations applicable to malpractice actions. The trial court answered this question in the negative, reasoning that Susan Colbert's discovery of her injury occurred long before her ultimate discovery of metastatic...

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