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MARTIN v. NAIK

No. 101,146.

300 P.3d 625 (2013)

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.

Supreme Court of Kansas.

May 3, 2013.

Attorney(s) appearing for the Case

Stephen G. Dickerson , of the Dickerson Law Group, of Olathe, argued the cause and was on the briefs for appellant Macie Martin.

Timothy P. McCarthy , of Gilliland & Hayes, P.A., of Overland Park, argued the cause and was on the briefs for appellee Sandip Naik, M.D.

Roger W. Slead , of Horn, Aylward & Brandy, LLC, of Kansas City, Missouri, argued the cause, and Richard M. Acosta , of the same firm, was with him on the briefs for appellee Specialty Hospital of Mid-America.

PER CURIAM:

This appeal raises issues regarding when the statute of limitations begins to run in a wrongful death and survival action brought against a physician and hospital. We first determine that a cause of action for wrongful death accrues on the date of death unless information regarding the fact of death or the wrongful act that causes the death was concealed, altered, falsified, inaccurate, or misrepresented. Second, in construing K.S.A. 60-513(c), which controls...

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