Stephens v. Snyder Clinic Ass'n

631 P.2d 222, 230 Kan. 115, 1981 Kan. LEXIS 265
CourtSupreme Court of Kansas
DecidedJuly 17, 1981
Docket52,474
StatusPublished
Cited by68 cases

This text of 631 P.2d 222 (Stephens v. Snyder Clinic Ass'n) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stephens v. Snyder Clinic Ass'n, 631 P.2d 222, 230 Kan. 115, 1981 Kan. LEXIS 265 (kan 1981).

Opinions

The opinion of the court was delivered by

Prager, J.:

This is an action to recover damages for alleged medical malpractice resulting from the insertion of an intrauterine contraceptive device (IUD). The district court held that plaintiff’s cause of action was barred by the applicable statute of limitations (K.S.A. 60-513).

On this appeal, we will assume that the following facts are true: The plaintiff-appellant, Linda Rae Stephens, is a resident of Topeka, Kansas. The defendant-appellee, Dr. James N. Winblad, M.D., is a medical doctor licensed to practice in Kansas. The defendant-appellee, Snyder Clinic Association, is a professional association of medical doctors located in Winfield, Kansas. Defendant Winblad was formerly associated with the Snyder Clinic, and it will be assumed that at all times he was acting as an agent and employee of Snyder Clinic.

On December 19, 1969, Dr. Winblad inserted in the plaintiff’s uterus, for the purpose of contraception, a Lippes Loop intrauterine device (IUD). Shortly, thereafter, plaintiff, following the manufacturer’s instructions, noticed that she could not find the tail string that was attached to the IUD for the purpose of checking to insure the device was properly situated in her uterus. She immediately contacted Dr. Winblad. He assured her that the device was designed to be expelled from the uterus if a problem arose with the fitting of the IUD. Approximately three months after the IUD was inserted, the plaintiff became pregnant with her second child. While she was under the care of Dr. Winblad, she again inquired as to whether the IUD could possibly still be in her uterus. Dr. Winblad again assured her that the device had been expelled. The plaintiff, after giving birth to her second child on January 18, 1971, suffered continuous problems with blood [117]*117discharge from the uterus. During this period of time, she consulted with and was treated by various physicians for this problem with no success. Finally, upon the recommendation of Dr. William Roy of Topeka, Kansas, plaintiff underwent a hysterectomy which was performed at Topeka, Kansas, on November 5, 1979. The pathologist’s report from the hospital laboratory indicated that the plaintiff’s uterus was healthy with the exception that a IUD was found imbedded into the wall of the healthy uterus.

Plaintiff’s claim against Dr. Winblad and the Snyder Clinic is based upon the alleged negligence of Dr. Winblad in the insertion of the IUD on December 19, 1969, and in his failure to discover the improper placement of the device as late as January, 1971. Her primary complaint is that, after the plaintiff notified Dr. Winblad that the IUD was not in place, Winblad had a duty to examine the plaintiff, either by physical examination or x-ray, to insure that the device was not still in the uterus of the plaintiff. The last dates on which the act or omission which forms the basis of plaintiff’s claim could have occurred were January 6, 1971, as to Dr. Winblad and August 6, 1971, as to the Snyder Clinic.

On December 18, 1979, plaintiff filed the present action in Cowley County District Court to recover compensatory and punitive damages for the alleged wrongful acts of the defendants. On January 15, 1980, the defendants filed a motion for summary judgment. The basis for the motion for summary judgment was that the plaintiff’s cause of action was barred by the applicable statute of limitations (K.S.A. 60-513). The district court sustained the motion for summary judgment on that basis, and the plaintiff has appealed.

Before turning to the specific points raised on the appeal, it should be noted that the statute of limitations problem in this case arose because of an amendment to K.S.A. 60-513 passed by the Kansas legislature in 1976. To understand the issues, we must carefully examine the statutory provisions. The pertinent statute of limitations, which was in effect in 1974 prior to the 1976 amendment, was K.S.A. 1974 Supp. 60-513. K.S.A. 1974 Supp. 60-513 provided in part as follows:

“60-513. Actions limited to two years. The following actions shall be brought within two (2) years:
“(4) An action for injury to the rights of another, not arising on contract, and not herein enumerated.
[118]*118“The cause of action in this section shall not be deemed to have accrued until the act giving rise to the cause of action first causes substantial injury, or, if the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, but in no event shall the period be extended more than ten (10) years beyond the time of the act giving rise to the cause of action.”

It is important to note that, under the 1974 statute, an action in tort for personal injuries resulting from negligence had to be brought within two years from the time the act giving rise to the cause of action first caused substantial injury, or, if the fact of injury was not reasonably ascertainable until some time after the initial act, then the period of limitation did not commence until the fact of injury became reasonably ascertainable to the injured party. Under that statute, the period could not be extended more than ten years beyond the date of the “act giving rise to the cause of action.” If the 1974 statute had been in existence at the time plaintiff’s action was filed in 1979, plaintiff’s action would have been timely filed, since the alleged negligent act giving rise to the cause of action occurred in 1971 and plaintiff’s suit was filed on December 18,1979, which was clearly within the ten-year period.

Unfortunately for the plaintiff, the Kansas legislature, in 1976, amended K.S.A. 60-513. The amendments were made as a result of a review and study by a Special Interim Committee on Medical Malpractice on the effect of medical malpractice actions on the distribution and provision of medical and hospital care for Kansas residents. As a result of this study a package of twelve separate bills was recommended to the legislature by the special committee. The medical “malpractice package” contained a number of elements, among which were: (1) The requirement that each health care provider maintain a policy of professional liability insurance with limits of $100,000 per occurrence and $300,000 per year (K.S.A. 1980 Supp. 40-3402); (2) establishment of a joint underwriting association to supplement the existing market for professional liability coverage (K.S.A. 1980 Supp.

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Bluebook (online)
631 P.2d 222, 230 Kan. 115, 1981 Kan. LEXIS 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-snyder-clinic-assn-kan-1981.