Hamblin v. Ogunleye

Plaintiff filed a lawsuit for negligence to recover for survival and wrongful death arising out of an alleged failure to convey pathology results. The trial court granted summary judgment in favor of the defendants, finding that plaintiff’s claims were barred by the statute of repose. Plaintiff argued on appeal that the statute of repose did not apply because defendant was not properly licensed and that the claims were not medical malpractice claims because they did not arise out of patient care. The appellate court affirmed, finding that the licensing status of the defendant medical practice was not a material fact that would impact the outcome of the case and that the claims arose out of medical care. (STEIGMANN and LANNERD, concurring)