Discussion on The statute of limitations for medical malpractice
The year 2002 was a nightmare for James Littleton. In January 2002, Littleton was diagnosed with “Type 2” (adult onset) diabetes; in June, Littleton’s physician expressed concern with the lack of circulation in his left leg, and in October, a circulatory specialist recommended that the left leg be amputated to the knee; reluctantly but resigned to his fate, James agreed.
On November 1, Littleton was admitted to Pinecrest General Hospital for surgery. In what can only be described as a horrible and catastrophic mistake, the surgeon misreads the diagnosis and surgical instructions, and amputates Littleton’s right leg by mistake. Littleton’s left leg is amputated the next day.
Confined to a wheelchair, but supported by the love, care and concern of his family, Littleton is taken to a local Pinecrest law firm, Stephenson, Gordon, and Ratcliff, a general partnership. Stephenson and Gordon agree to represent Littleton in the medical malpractice lawsuit, and sign a contract of representation with Littleton, agreeing to represent him for the standard one-third contingency fee, plus associated expenses.
The statute of limitations for medical malpractice actions in the state is three years. Due to oversight and neglect (rumor has it that both Stephenson and Gordon have substance abuse problems,) the firm fails to file a complaint against the attending surgeon and Pinecrest General Hospital within the three-year period. Even though he lacks legal training, Littleton knows he will be forever barred from bringing a lawsuit against the doctor and the hospital. Having experienced catastrophic neglect from two professions he once respected, Littleton focuses his remaining “life energy” on bringing Stephenson, Gordon, and Ratcliff to justice. He sues the general partnership, as well as individual attorneys Stephenson, Gordon, and Ratcliff for legal malpractice. Ratcliff’s attorney moves for dismissal of the claim against his client individually, arguing that Ratcliff was not an “attorney of record” for Littleton, and as a result, should be dismissed personally from the lawsuit.
Will Ratcliff succeed in his motion for dismissal?
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