WILKINS v. MARSHALLTOWN MED. & SUR. CENTER

No. 06-0641.

758 N.W.2d 232 (2008)

Marti WILKINS, as Executor of the Estate of Jerald C. Wilkins, Appellant, v. MARSHALLTOWN MEDICAL AND SURGICAL CENTER, Eric J. Stenberg, D.O., David L. Thomas, M.D., Lance M. Van Gundy, M.D., and McFarland Clinic, P.C., Appellees.

Supreme Court of Iowa.

December 5, 2008.


Attorney(s) appearing for the Case

Erik A. Luthens of Luthens Law Offices, P.C., West Des Moines, for appellant.

Hayward L. Draper and John T. Clendenin of Nyemaster, Goode, West, Hansell & O'Brien, P.C., Des Moines, for appellee Marshalltown Medical and Surgical Center.

Steven K. Scharnberg and Thomas J. Joensen of Finley, Alt, Smith, Scharnberg, Craig, Hilmes & Gaffney, P.C., Des Moines, for appellees Stenberg, Thomas, Van Gundy, and McFarland Clinic.


APPEL, Justice.

This case presents a question regarding the proper application of the statute of limitations in a medical malpractice action where the plaintiff's claim is based on an alleged failure to timely diagnose prostate cancer. The district court granted the defendants' motion for summary judgment, concluding the claim was filed after the expiration of the applicable statute of limitations. In light of recent decisions, we reverse and remand this case for...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases