James G. Malapanis v. Manouchehr S‪.‬

In a medical malpractice action commenced on March 8, 1982, against an orthopedic surgeon who had treated the plaintiff for a fracture of his right femur, summary judgment was properly entered for the defendant on the ground that the action was barred by the three-year statute of limitations for medical malpractice actions, where by the time of his last visit with the defendant on April 23, 1973, the plaintiff had knowledge of facts which, taken in combination, disclosed that the defendant's removal of the plaintiff's leg from traction before the alignment of the bones had become stable was the likely cause of his permanent disability. [382-389] About nine years after he was discharged from treatment by the defendant, Shirazi, an orthopedic surgeon, the plaintiff brought an action for medical malpractice, claiming that Shirazi had negligently treated his broken leg. The defendant filed an answer that raised the defense of the statute of limitations. A Judge of the Superior Court allowed the defendant's motion for summary judgment, Mass.R.Civ.P. 56 (b), 365 Mass. 824 (1974), ruling that the plaintiff's action was barred by the three-year statute of limitations for medical malpractice actions contained in G. L. c. 260, § 4. Judgment entered for the defendant, and the plaintiff has appealed.