Sharrow v. Archer

658 P.2d 1331, 1983 Alas. LEXIS 369
CourtAlaska Supreme Court
DecidedFebruary 4, 1983
Docket6135
StatusPublished
Cited by37 cases

This text of 658 P.2d 1331 (Sharrow v. Archer) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sharrow v. Archer, 658 P.2d 1331, 1983 Alas. LEXIS 369 (Ala. 1983).

Opinions

OPINION

DIMOND, Senior Justice.

This is an appeal from a summary judgment entered in favor of Gary Archer, M.D., Richard Anschuetz, M.D., the Alaska Hospital and Medical Center, Inc., and the Teamsters Union Local 959. The superior court ruled that Margaret and William Sharrow were barred from pursuing their claims of medical malpractice and fraud by the statute of limitation. We affirm.

I.

Margaret Sharrow, who had experience as a registered nurse, entered the Alaska Hospital and Medical Center, Inc. (the hospital) on February 17, 1977, to undergo elective surgery. Three days later, on February 19, she was mistakenly administered a massive overdose of lidocaine by a hospital nurse. Mrs. Sharrow suffered a cardiac arrest, but was resuscitated by the supervising doctors, Gary Archer and Richard An-schuetz.

Following this incident, Archer expressed some doubt as to whether the arrest was drug-induced, and told the nurses they were not to mention the drug overdose either to the patient or in the chart. Hospital records were subsequently altered to delete any mention of the overdose. When the Sharrows confronted Archer with the question of whether an overdose had caused Mrs. Sharrow’s cardiac arrest, Archer allegedly responded “no one really knew what had caused [Sharrow’s] heart problem.” Despite the attempted cover-up, on February 21, 1977, two days after the cardiac arrest had occurred, Dr. Mayer, another hospital physician, advised the Sharrows that Mrs. Sharrow had in fact been administered an overdose of lidocaine which had caused her cardiac arrest.

Mrs. Sharrow stopped seeing Archer after he was suspended from the hospital on August 8, 1977. In November of 1977, she sought the medical advice of Dr. George Rhyneer, an Anchorage cardiologist. Although Mrs. Sharrow had received conflicting reports about her overdose from the hospital, she informed Dr. Rhyneer that she had “ultimately received lidocaine in an overdose, and had a cardiac arrest from that.”

In late November and early December 1977, Mrs. Sharrow read various newspaper articles concerning Dr. Archer’s suspension from the hospital. Several articles appeared in the Anchorage newspapers, which indicated that Dr. Archer had filed a lawsuit against the hospital claiming that he had been wrongfully discharged by them. The articles further indicated that the hospital claimed Archer had been discharged because of “the manipulation of a patient’s medical record to cover-up a serious nursing error” and because Archer had failed “to inform the patient that her cardiac arrest was most probably a result of a medication error rather than a spontaneous event.” Another article made specific reference to “the Sharrow case.” Despite the publicized controversy, the Sharrows took no legal action against the hospital at that time.

During the spring of 1980, Mrs. Sharrow was called as a witness in the superior court case initiated by Dr. Archer against the hospital administrators.1 While testifying as to the events occurring during 1977, Mrs. Sharrow was asked whether she had ever considered filing a lawsuit against Archer. Mrs. Sharrow responded as follows:

Well, after — after the things had been in the paper about Dr. Archer’s dismissal from the hospital, and so forth, we did consider it, but from what I learned at [1333]*1333that time — it seemed like you had to sue for so horrible much, and it was — I didn’t want anybody’s hide, I wanted just compensation — that didn’t seem to be feasible at that time, but as long as he was not on the staff and able to affect anyone else adversely, I felt that was sufficient.

It was not until July 1, 1980, that the Sharrows did file suit. In their complaint they alleged that a drug overdose was negligently given to Mrs. Sharrow in the hospital, that there was a conspiracy or agreement to conceal that fact, and that such conduct was intentional, malicious, fraudulent and negligent.

The appellees filed motions for judgment on the pleadings or summary judgment, on the ground that the Sharrows’ action was barred by the two-year statute of limitation. The trial court determined that the Sharrows had full knowledge or should have had full knowledge of the events constituting their claim for relief by the first week of December 1977, and that the statute of limitation began running at that time. Because their complaint was not filed until July 1,1980, more than two years after the statute began to run, summary judgment was entered against the Shar-rows.

II.

On appeal, the Sharrows contend that the court erred in finding that the statute of limitation had run on their claims as a matter of law.2 The question that must be resolved is at what point the applicable two-year statute of limitation began to run.3

A considerable number of appellate cases have addressed the question of whether the statute of limitation should be tolled when an act of medical negligence has occurred but the injured person does not learn of it until some time later. See Annot., 43 A.L. R.3d 429 (1972). The majority of courts have held that a concealment or nondisclosure of negligence tolls the statute until the injured party has actual notice of the negligence or, in the exercise of ordinary care, should have known of the negligence. See Sartin v. St. Paul Fire & Marine Insurance Co., 359 So.2d 649 (La.Ct.App.1978); Leary v. Rupp, 89 Mich.App. 145, 280 N.W.2d 466 (Mich.Ct.App.1979); Ohler v. Tacoma General Hospital, 92 Wash.2d 507, 598 P.2d 1358 (Wash.1979).

The Sharrows argue that the statute of limitation should be tolled from February 19, 1977, the date of the overdose, until March 1980, when Mrs. Sharrow testified at the trial in Archer v. Eidelson. They contend that their delay in filing suit until July 1, 1980, was justified by their reliance on Dr. Archer’s and the hospital’s fraudulent concealment of the negligent overdose and that it was not until the Archer trial that they became aware of their potential cause of action.4

Support for this position in general is readily found in Alaska case law, based on the doctrine of equitable estoppel. As we stated in Chiei v. Stern, 561 P.2d 1216, 1217 (Alaska 1977), “a party who fraudulently conceals from a plaintiff the existence of a cause of action may be estopped to plead the statute of limitation if the plaintiff’s delay in bringing suit was occasioned by reliance on the false or fraudulent representation.” See also Groseth v. Ness, 421 P.2d 624 (Alaska 1966); Alaska Airlines, Inc. v. Lockheed Aircraft Corp., 430 F.Supp. 134, 138 (D.Alaska 1977). The question to be determined is whether the Sharrows’ reliance on Dr. Archer’s statements was [1334]*1334justified under the circumstances, and at what point in time, if any, such reliance became unreasonable.

III.

We conclude that the Sharrows had or should have had sufficient knowledge of the events in question as of December 1977 to realize they had a potential cause of action for negligence and fraud. Any reliance upon statements of Dr.

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Bluebook (online)
658 P.2d 1331, 1983 Alas. LEXIS 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharrow-v-archer-alaska-1983.