Blackford v. Welborn Clinic
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The Supreme Court affirmed the order of the trial court granting summary judgment to Defendant and dismissing Plaintiff's fraudulent concealment claim, holding that Plaintiff's claim was untimely.
Plaintiff, having been misinformed of a medical diagnosis by her provider, brought this medical malpractice complaint seeking relief for her injuries on grounds of fraudulent concealment, despite expiration of the applicable limitation period. The trial court ruled for Defendant. On appeal, Plaintiff argued that Defendant's fraudulent concealment of her test results tolled the five-year limitation period. The Supreme Court affirmed, holding (1) fraudulent concealment may not extend the time in which to file a claim; and (2) even if the limitation period were subject to tolling, Defendant's constructive fraud precluded equitable relief.
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