Wiseman v. Alliant Hospitals, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “actual or constructive knowledge . . . triggers the running of the statute of limitations”
• holding that “constructive knowledge . . . triggers the running of the statute of limitations”
• noting that the “knowledge necessary to trigger the statute is two-pronged; one must know: (1) he has been wronged; and, (2) by whom the wrong has been committed”
• applying discovery rule to medical malpractice claim based on surgeon’s failure to remove medical instrument from surgical site
• tolling the statute of limitations because the cause of action did not accrue until 1996 when a subsequent surgery removed a piece of medical equipment left by the first surgeon in 1989
• “One who possesses no medical knowledge should not be held responsible for discovering an injury based on the wrongful act of a physician.”

Source: CourtListener parenthetical corpus (CC0).