Virginia L. Marshall and Todd W. Marshall, Respondents v. Kenneth A. Dodds, M.d., Charleston Nephrology Associates…

Summary

The court held that the medical-malpractice statute of repose runs from each actionable occurrence of negligence, not necessarily from the first negligent diagnosis or omission. Thus, claims based on alleged negligent acts within six years before filing were not barred, even if earlier related acts were untimely. The court affirmed as modified because expert evidence created genuine issues regarding whether each physician should have reconsidered the diagnosis and ordered additional testing.