STUARD v. JORGENSON

No. 36844.

249 P.3d 1156 (2011)

Patrick STUARD and Jeanne Stuard, husband and wife, Plaintiffs-Appellants, v. Samuel JORGENSON, M.D., Defendant-Respondent.

Supreme Court of Idaho, Boise, January 2011 Term.

April 1, 2011.


Attorney(s) appearing for the Case

Comstock & Bush, Boise and Byron Foster, Boise, attorneys for Appellants. John A. Bush argued.

Carey Perkins, LLP, Boise, for Respondent. Jeremiah A. Quane argued.


W. JONES, Justice.

I. NATURE OF THE CASE

Respondent Dr. Samuel Jorgenson, M.D., negligently performed a spinal surgery on Appellant Patrick Stuard on July 15, 2004. Stuard's symptoms subsided after the surgery and Dr. Jorgenson did not realize he had negligently operated at the wrong spinal level until over two years later. The parties dispute whether, for purposes of the two-year statute of limitations, the cause of action accrued at the time of the surgery...

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