Day on Torts

Healthcare liability case barred by statute of repose.

In a Tennessee health care liability (HCLA)d case based on the defendants’ failure to disclose CT scan results to the plaintiffs, the plaintiffs could not rely on fraudulent concealment to toll the statute of repose where the defendants were unaware of the undisclosed test results.

The plaintiff patient in Estate of Rowe v. Wellmont Health System, No. E2024-00431-COA-R3-CV (Tenn. Ct. App. Dec. 11, 2024) presented at the emergency room in May 2010 for pain in his left flank and back. Defendant doctor ordered a CT scan without contrast. When the doctor reviewed the scan, he saw a kidney stone, which aligned with the symptoms the plaintiff was experiencing. The plaintiff passed the kidney stone the next day and received no further treatment at the time.

The radiology report for the CT scan noted two masses on the kidney and recommended a CT with contrast as a follow up. While the radiology report was available for the defendant doctor to read by clicking a pop up or looking at the chart after the report was added, he testified that he did not review the report at that time.

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