Kenneth W. Johnson v. D. C. Stoddard and

This is an appeal from a summary judgment in favor of a defendant doctor in a medical malpractice action. The action resulted from the alleged failure of defendant-respondent Dr. Brunt to discover and remove drains which Dr. Stoddard had earlier inserted in Johnson's back. The sole issue on this appeal is whether the statute of limitations began to run at the time Brunt treated Johnson or at the time that Johnson actually discovered, or should have discovered, Dr. Brunt's alleged negligence in failing to remove the drains. In August, 1967 plaintiff-appellant Johnson was bucked off an uncooperative horse and suffered a large hematoma on the right side of his lower back. Some days later Johnson consulted defendant, Dr. D. C. Stoddard, who inserted two Penrose drains in the hematoma. The drains were rubber tubes one-half inch in diameter and two and one-half to three inches long. A week later Johnson's wife removed the dressing covering the hematoma but failed to find the Penrose drains. She and her husband searched Johnson's person, clothing and the bedding without discovering the missing drains. The following day Dr. Stoddard examined Johnson and failed to find the missing drains.