Stoppage Time Added to the Play Clock – More Time Left on Statute of Limitations
The United States Court of Appeals for the Fourth Circuit vacated a district court’s ruling that the statute of limitations barred a patient from filing a lawsuit against a hospital alleging fraudulent misrepresentation of the surgeon’s relationship with the hospital and conspiracy of the hospital in concealing its “on call” contract with the surgeon. The patient discovered the misrepresentation during the discovery phase of litigation of a malpractice suit against the hospital and physician. After being denied the opportunity to amend and include the claims in his malpractice suit, the physician filed this separate action. The district court initially dismissed the claims on the grounds that the fraud fell under the statute of limitations for the malpractice claim, and, as such, the time for the claim had begun tolling at the time the patient discovered the malpractice claim and had since expired. The Court of Appeals reversed the lower court’s decision indicating that the fraud fell outside of the malpractice claim, and, as such, the statute of limitations clock began when the patient discovered or should have known of the existence of the misrepresentation. Accordingly, the clock had only begun when the patient discovered the information during the discovery period and the statute of limitations had not yet run. Brunenkant v. Suburban Hosp., Inc.
