Arnold v. White
289 P.3d 449
Utah2012Background
- Gina Arnold underwent multiple procedures July–August 1999 for a perforated colon by Drs. Grigsby and White at UBMC.
- She filed a medical malpractice claim on December 4, 2001, more than two years after treatment; district court dismissed on statute grounds.
- Court of appeals reversed, holding defendant failed to show she knew or should have known which procedure caused injury.
- Utah HCMA two-year statute starts when patient discovers the course of treatment was negligent, not merely suspicion of negligence.
- When a plaintiff alleges a single course of negligent treatment, the defendant may show the two-year bar by proving discovery that the course was negligent, without pinpointing a specific procedure within the course.
- Case remanded for a jury to determine whether Arnold filed more than two years after discovering her legal injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does the two-year discovery period begin for a course of treatment? | Arnold argues discovery occurred later than two years before filing. | Grigsby argues discovery occurred more than two years prior. | Two-year period begins when plaintiff discovers the course was negligent, not when suspicion arises. |
| Must a defendant identify the specific procedure within a course of treatment to trigger the statute? | Arnold contends not required; course negligence suffices. | Grigsby contends identification of the causal event is necessary. | No; for a single course of treatment, discovery that the course was negligent triggers the statute. |
| Is the case remandappropriate to resolve timing of discovery? | Yes; issues of fact remain for a jury to determine when discovery occurred. |
Key Cases Cited
- Daniels v. Gamma West Brachytherapy, LLC, 2009 UT 66 (Utah Supreme Court (2009)) (discovery of the negligent course, not the specific procedure, can trigger the two-year statute)
- Foil v. Ballinger, 601 P.2d 144 (Utah (1979)) (discovery of negligence and causal relation within injury)
- Collins v. Wilson, 984 P.2d 960 (Utah (1999)) (discovery of legal injury encompasses awareness of injury and negligence)
- Jensen v. IHC Hospitals, Inc., 82 P.3d 1076 (Utah Supreme Court (2003)) (discovery of legal injury includes knowledge of negligent source)
- Arnold v. Grigsby, 239 P.3d 294 (Utah App. 2010) (intermediate appellate decision discussed for course-of-treatment rule)