Conway v. Sonntag
| Decision Date | 07 February 2005 |
| Docket Number | No. 30246.,30246. |
| Citation | 106 P.3d 470,141 Idaho 144 |
| Court | Idaho Supreme Court |
| Parties | James CONWAY and Lynda Conway, husband and wife, Plaintiffs-Appellants, v. John R. SONNTAG, M.D., Defendant-Respondent. |
Bujak Law, P.L.L.C., Nampa, for appellants. John T. Bujak argued.
Quane Smith, LLP, Boise, for respondent. Terrence S. Jones argued.
This is an appeal from a judgment dismissing a claim for medical malpractice on the ground that the action was barred by the statute of limitations. We hold that under the facts in the record, the statute of limitations had not expired.
On October 5, 1999, the defendant-respondent John R. Sonntag, M.D., (Dr. Sonntag) performed cataract surgery upon the plaintiff-appellant Lynda Conway. During the procedure, he punctured the posterior portion of the lens capsule of her left eye. As a result, she suffered increased intraocular pressure in that eye, for which he treated her with medication until February 21, 2000. That treatment was not successful, and she lost the sight in her eye when the increased pressure ultimately destroyed the optic nerve.
On November 8, 2001, the Conways requested a prelitigation screening panel pursuant to Idaho Code § 6-1001. The panel issued its decision on March 20, 2002, and on the same day the Conways filed their complaint commencing this action. In count one of their complaint, the Conways alleged that Dr. Sonntag negligently punctured the lens capsule during the surgery. In count two they alleged that his post-operative treatment was negligent.
Upon Dr. Sonntag's motion for judgment on the pleadings, the district court dismissed count one on the ground that the facts alleged showed that it was barred by the two-year statute of limitations in Idaho Code § 5-219(4). Although the filing of the request for a prelitigation screening panel on November 8, 2001, would toll the running of the statute of limitations, I.C. § 6-1005, the statute had already run with respect to negligence allegedly occurring on October 5, 1999.
Dr. Sonntag then moved for summary judgment on count two, contending that it too was barred by the statute of limitations. The district court granted the motion on the ground that the diminished vision and ultimate blindness in Lynda Conway's left eye were consequences of the initial damage she suffered during the cataract surgery and that such damage was objectively ascertainable as of October 14 and 18, 1999, when it was confirmed that she had diminished vision in her left eye.
The Conways filed a motion for reconsideration, submitting a second affidavit of their expert witness. Dr. Sonntag countered with his affidavit. The district court denied the motion for reconsideration, and the Conways timely appealed.
In an appeal from an order of summary judgment, this Court's standard of review is the same as the standard used by the trial court in ruling on a motion for summary judgment. Infanger v. City of Salmon, 137 Idaho 45, 44 P.3d 1100 (2002). All disputed facts are to be construed liberally in favor of the non-moving party, and all reasonable inferences that can be drawn from the record are to be drawn in favor of the non-moving party. Id. Summary judgment is appropriate if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Id. If the evidence reveals no disputed issues of material fact, then only a question of law remains, over which this Court exercises free review. Id.
The facts are undisputed that the puncturing of the lens capsule during the surgery on October 5, 1999, caused the increased intraocular pressure, and that the continuation of the increased pressure destroyed the optic nerve. The Conways' expert witness stated that Dr. Sonntag's medical records show the optic nerve was still alive on November 12, 1999, when Dr. Sonntag saw Lynda Conway at his office. In the expert's opinion, "What caused Ms. Conway to lose her eyesight permanently was Dr. Sonntag's failure to be more aggressive in his treatment and continuing treatment by the prescription of medication after November 12, 1999." In his affidavit, Dr. Sonntag stated that the elevated intraocular pressure caused injury to Lynda Conway's left eye, and that such injury was objectively ascertainable during her seven post-operative visits from October 11 through November 3, 1999.
An action to recover damages for "professional malpractice" must be commenced within two years after the cause of action has accrued. I.C. §§ 5-201 & 5-219 (1998). Except for actions based upon leaving a foreign object in a person's body or where the fact of damage has been fraudulently and knowingly concealed, the cause of action for professional malpractice accrues "as of the time of the occurrence, act or omission complained of," I.C. § 5-219 (1998), although there must also be "some damage" for the cause of action to accrue. Lapham v. Stewart, 137 Idaho 582, 51 P.3d 396 (2002). The limitation period is not extended by reason of any continuing consequences or damages resulting from the malpractice or any continuing professional or commercial relationship between the injured party and the alleged wrongdoer. I.C. § 5-219 (1998). In a medical malpractice action, the statute of limitations is tolled upon the filing of a request for a prelitigation screening panel, during the time the claim is pending before the panel, and for thirty days thereafter. James v. Buck, 111 Idaho 708, 727 P.2d 1136 (1986); I.C. § 6-1005. Since the Conways filed their request for a prelitigation panel on November 8, 2001, their claim would be barred by the statute of limitations unless it accrued after November 8, 1999.
The puncturing of the lens capsule increased the intraocular pressure in Lynda Conway's left eye. As a result of that increased pressure, it is undisputed that she had "objectively ascertainable injury" to her left eye during her postoperative visits from October 11 through November 3, 1999. The existence of "objectively ascertainable injury" is simply an analytical tool to be used in determining when "some damage" has occurred. Lapham v. Stewart, 137 Idaho 582, 51 P.3d 396 (2002). Until the injured party has suffered some damage...
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