James J. Lillicrap v. Herbert L. Martin, M.D., University Assoc. in Neurology, Inc., J. Bishop McGill, M.D., Warren…

Summary

The court reversed directed verdicts for the defendants in a medical-malpractice action. It held that the discovery period begins when a plaintiff discovers or reasonably should discover both the injury and that it may have been caused by the defendant's negligence, making accrual a jury question here. The court also held that the later-enacted seven-year repose period could not constitutionally extinguish the plaintiff's vested right to seek redress for alleged malpractice occurring before the repose statute was enacted. Justice Morse, joined by Justice Barney, concurred in the result but would have resolved the repose issue under the statutory protection for pre-existing rights rather than the state Constitution.