Hospital MD, LLC v. Larry

Rickesha Larry filed suit against Hospital M.D., LLC, and Hospital M.D. of Yazoo City, Inc. (collectively Hospital M.D.) in a medical-malpractice action. Hospital M.D. moved for summary judgment, arguing Larry had failed to provide it with notice pursuant to Mississippi Code Section 15-1-36(15); thus the sixty-day tolling period was not triggered and the statute of limitations had expired prior to Larry filing her initial complaint. The trial court denied Hospital M.D.’s motion for summary judgment and entered two orders. Hospital M.D. filed an interlocutory appeal to the Supreme Court. Upon review, the Court found that the motion should have been granted because Larry failed to send Hospital M.D. the statutorily required pre-suit notice and subsequently filed her complaint outside the applicable statute of limitations. Furthermore, the Court concluded the medical-malpractice-discovery rule did not serve to toll the two-year statute of limitations. View "Hospital MD, LLC v. Larry" on Justia Law