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MARTIN v. NAIK

No. 101,146.

228 P.3d 1092 (2010)

Macie MARTIN, Individually and as Representative of the Estate of Curley Martin, Deceased, Appellant, v. Sandip NAIK, M.D., and Specialty Hospital of Mid-America, Appellees.

Court of Appeals of Kansas.

April 15, 2010.

Attorney(s) appearing for the Case

Stephen G. Dickerson, of the Dickerson Law Group, of Olathe, for appellant.

Timothy P. McCarthy, of Gilliland & Hayes, P.A., of Overland Park, for appellee Sandip Naik, M.D.

Roger W. Slead and Richard M. Acosta, of Horn, Aylward & Bandy, LLC, of Kansas City, Missouri, for appellee Specialty Hospital of Mid-America.

Before RULON, C.J., McANANY and LEBEN, JJ.

McANANY, J.

This appeal presents a couple of deceptively simple questions. First, does the statute of limitations start to run on a medical malpractice claim at the time of injury when the defendant's conduct causes the patient to suffer a coma from which he never recovers? Second, when the patient's heirs bring a wrongful death action following the patient's death, is that claim barred by the statute of limitations if it is not brought within 2 years after the negligent...

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