Ambers-Phillips v. SSM DePaul Health Ctr.Annotate this Case
Shonda Ambers-Phillips and her husband, Richard Phillips, filed a medical malpractice action against SSM DePaul Health Center for leaving foreign objects in Ambers-Phillips’s abdomen nearly fourteen years earlier. The trial court dismissed the complaint with prejudice, concluding that Mo. Rev. Stat.’s ten-year statute of repose applied, making the Phillipses’ claims time-barred and subject to dismissal. The Supreme Court affirmed, holding (1) the trial court did not err in not holding that the statute of repose for foreign-object medical malpractice claims was equitably tolled until Ambers-Phillips discovered the wrong; and (2) statutes of repose are not unconstitutional if not subject to equitable tolling.