BRENDA K. CYRUS, as Personal Representative of the Estate of Maxine Cyrus v. LAKE REGIONAL HEALTH SYSTEM, LAKE REGIONAL MEDICAL MANAGEMENT, INC., and JAMES J. JUNGELS, D.O., Defendants-Respondents.
2016 Mo. App. LEXIS 1152
| Mo. Ct. App. | 2016Background
- Plaintiff Brenda K. Cyrus, as personal representative of Maxine Cyrus's estate, sued Lake Regional Health System, Lake Regional Medical Management, Inc., and Dr. James Jungels for negligence after Maxine was injured when an exam table slid away during medical treatment on August 26, 2010.
- Plaintiff alleged defendants failed to lock the table's wheels or warn Patient of its unsecured condition, causing a fractured left hip and other injuries.
- The petition asserting ordinary negligence was filed July 24, 2015, nearly five years after the incident.
- Defendants moved to dismiss as time-barred under Mo. Rev. Stat. § 516.105 (two-year statute for actions "related to health care").
- The trial court sustained the motion and dismissed the petition; the court of appeals treated the dismissal as final because refiling would be futile and proceeded to review de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 516.105's two-year statute applies | The negligence arose from clinic ownership/maintenance (an unstable exam table), not from provision of health care; thus a five-year statute should apply | The injury occurred while Patient was receiving medical treatment and the alleged omission was related to care, so § 516.105 applies | Court held § 516.105 governs; claim is related to health care and time-barred |
Key Cases Cited
- Robinson v. Health Midwest Dev. Grp., 58 S.W.3d 519 (Mo. banc 2001) (broadly interprets § 516.105 to cover negligence related to provision of health care services)
- Brandon v. Southeast Mo. Hosp., Inc., 926 S.W.2d 113 (Mo. App. E.D. 1996) (claims for negligent acts while caring for a patient fall under § 516.105 regardless of pleading label)
- Dunagan v. Shalom Geriatric Ctr., 967 S.W.2d 285 (Mo. App. W.D. 1998) (ordinary negligence claims for failure to prevent patient falls are covered by § 516.105)
- Sheehan v. Sheehan, 901 S.W.2d 57 (Mo. banc 1995) (petition may be dismissed on statute-of-limitations only when the face of the petition clearly establishes the bar)
- Arbuthnot v. DePaul Health Ctr., 891 S.W.2d 564 (Mo. App. E.D. 1995) (injuries to a patient while under medical care fall within § 516.105)
- Breeden v. Hueser, 273 S.W.3d 1 (Mo. App. W.D. 2008) (look to gist/gravamen of claim to determine if § 516.105 applies)