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Cole v. Ferrell-Duncan Clinic

Citations: 185 S.W.3d 740; 2006 Mo. App. LEXIS 125; 2006 WL 224288Docket: 26731

Court: Missouri Court of Appeals; January 31, 2006; Missouri; State Appellate Court

Narrative Opinion Summary

In this case, the plaintiffs, a married couple, filed a lawsuit against a medical clinic and one of its physicians, alleging medical negligence and loss of consortium. The primary legal issue centered around the physician's failure to inform the husband about available PSA testing for prostate cancer during visits in 1997 and 1999. Despite objections from the clinic regarding the admissibility of evidence from those visits, the trial court applied the 'continuing care' exception to the statute of limitations, allowing the evidence to be considered. The jury found in favor of the plaintiffs, leading to the clinic's appeal. On appeal, the court affirmed the trial court's decision, emphasizing the ongoing nature of the physician-patient relationship and the continuous treatment provided, which justified the application of the continuing care exception. The court held that the statute of limitations did not commence until the cessation of treatment, as the periodic examinations constituted necessary care for the patient's health management. The physician's actions were found to breach the standard of care, as earlier PSA testing could have led to an earlier diagnosis, potentially altering the course of the disease. Consequently, the jury's verdict in favor of the plaintiffs was upheld, affirming the liability of the clinic under the continuing care doctrine.

Legal Issues Addressed

Continuing Care Exception to Statute of Limitations

Application: The court applied the continuing care exception, allowing evidence from 1997 and 1999 visits to be considered, as the treatment was deemed ongoing and necessary for recovery.

Reasoning: The ruling affirmed that the trial court did not err in allowing the jury to consider the evidence.

Loss of Consortium in Medical Negligence

Application: The plaintiffs successfully argued that Dr. Mantell's negligence led to a loss of consortium, contributing to the jury's verdict in their favor.

Reasoning: Alfred C. Cole and Janis E. Cole filed a lawsuit against Ferrell-Duncan Clinic, Inc. for medical negligence and loss of consortium.

Physician-Patient Relationship and Duty of Care

Application: The court found that Dr. Mantell's examinations were part of ongoing treatment, thereby extending the physician's duty of care under the continuing care exception.

Reasoning: The court concludes that the prostate exams were indeed 'treatment' as defined in prior rulings, encompassing all measures necessary for the patient's physical well-being, thereby affirming the applicability of the continuing care exception.

Standard of Care in Medical Practice

Application: Dr. Mantell's failure to inform Alfred about PSA testing was deemed a breach of the standard of care, as earlier testing could have led to an earlier diagnosis.

Reasoning: Medical expert Dr. Finkel testified that Dr. Mantell failed to meet the accepted standard of care by not informing Alfred of the PSA testing, which could have resulted in an earlier cancer diagnosis and prevented its spread.

Statute of Limitations for Medical Malpractice

Application: The court held that the statute of limitations did not start until the treatment ceased, aligning with precedent that ongoing treatment suspends the limitations period.

Reasoning: The 'continuing care' exception, established in Missouri case law, maintains that the statute of limitations does not begin until treatment ceases, provided the ongoing treatment is essential to recovery.