Lorraine Bellmar, Personal Representative v. Robert Moore & Another

Summary

The court held that the medical malpractice statute of repose does not bar claims based on negligent acts or omissions occurring within seven years before suit, even when those claims concern the same condition as an earlier allegedly negligent act. Because the record raised genuine factual disputes about whether the decedent’s later treatment was independently negligent and causally related to his death, summary judgment was improper. The court reversed and remanded for further proceedings.