JULIE SPECK AND KEVIN SPECK v. WOMAN’S CLINIC, P.A. AND DR. RYAN ROY - Articles

All Content


Posted by: Tanja Trezise on Sep 18, 2013

Court: TN Court of Appeals

Attorneys 1:

Richard Glassman and Jonathan Stokes, Memphis, Tennessee, for the Plaintiff/Appellants, Julie and Kevin Speck

Attorneys 2:

Marty R. Phillips and Michelle Greenway, Jackson, Tennessee, for the Defendant/Appellees, Woman’s Clinic, P.A., and Ryan Roy, M.D.

Judge(s): KIRBY

This appeal involves inquiry notice of the claimed injury for purposes of triggering the medical malpractice one-year statute of limitations. The plaintiffs, a married couple with four children, wanted to prevent the conception of another child. To that end, the plaintiff wife underwent a procedure to prevent pregnancy at the defendant medical clinic. About a year later, she became pregnant. The wife later gave birth to a healthy baby boy. The plaintiffs filed this medical malpractice lawsuit against the clinic and the treating physician, claiming the wife’s pregnancy as the injury. The defendants filed a motion for summary judgment, arguing that the plaintiffs’ claim was barred under the applicable one-year statute of limitations. The trial court held that the wife was put on notice of her pregnancy by, at the very latest, the day that she obtained a positive result on a home pregnancy test; it held that the claim was time-barred on that basis and granted the defendants’ motion for summary judgment. The plaintiffs’ subsequent motion to alter or amend was denied. The plaintiffs now appeal. Discerning no error, we affirm.

Attachments: