Malpractice claim thrown out after attorneys miscalculate complicated statute of limitations by one day
Brenda Lancaster sued Gary L. Wease, M.D. after her Roux-en Y procedure was allegedly performed negligently. The surgery was performed on November 29, 2005. One day before the statute of limitations would have run, Lancaster's attorneys filed with Wease a mandatory Notice of Intent. Such a notice tolls (or "extends") the statute of limitations for 180 days. The attorneys apparently miscalculated the notice period and filed suit against Wease on May 29, 2008 (181 days after the statute was "tolled" and thus one day late). The Court of Appeals affirmed the trial court's dismissal of Lancaster's case with prejudice, meaning she will not have her day in court.