Templeton vs. Orth
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In 2012, Dane Templeton suffered an injury to his right knee and thigh after being thrown from a golf cart. Dr. Charles Orth operated on Templeton’s injured leg and provided follow-up care for several months. In 2015, Templeton returned to Dr. Orth due to swelling in his knee, prompting another surgery and more follow-up care that lasted until August 2016. However, Templeton decided to seek a second opinion from Dr. Michael Tilley in September 2016. After receiving an alternative treatment plan from Dr. Tilley, Templeton decided to follow this new plan and stopped taking the antibiotics prescribed by Dr. Orth. On October 9, 2018, Templeton filed a lawsuit against Dr. Orth for medical malpractice, alleging negligence in his treatment.
Dr. Orth sought summary judgment, arguing that the lawsuit was barred by the two-year statute of limitations. According to Dr. Orth, Templeton ended the physician-patient relationship when he sought treatment from Dr. Tilley without following up with Dr. Orth. The circuit court agreed with Dr. Orth, concluding that the lawsuit was indeed barred by the statute of limitations. Templeton appealed this decision, arguing that the continuing care doctrine should have tolled the statute of limitations.
The Supreme Court of Missouri affirmed the circuit court's judgment. The Supreme Court determined that Templeton had actively ended the continuing care relationship with Dr. Orth when he chose to follow Dr. Tilley's treatment plan and stopped taking the antibiotics prescribed by Dr. Orth. As such, Templeton's lawsuit, filed more than two years after ending the physician-patient relationship, was barred by the statute of limitations. The Court clarified that the continuing care doctrine did not apply because the relationship had ended before the necessity for treatment had ceased.
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