HOUSTON - A Texas appeals court panel has upheld a lower court ruling dismissing a medical malpractice suit against a physician.
Donald L. Bloom was admitted to Memorial Hermann Hospital in 2014 after developing a blood clot in his bladder. Bloom claims his right knee was injured while being taken in a wheelchair to the radiology department.
Dr. Ray Stafford performed arthroscopic surgery on Bloom’s knee. In 2017, Bloom sued Stafford for malpractice, alleging mistakes in the operation. A trial court dismissed the suit in 2018 but Bloom refiled the suit in 2019 and once again, a trial court dismissed it. Bloom appealed.
In a May 7 ruling, the First District Texas Court of Appeals upheld the dismissal.
“A health-care-liability claim has a two-year limitations period,” the court ruled.
Bloom claimed that the limitation period has not expired because he is still receiving treatment for his knee. The appeals court disagreed.
“A medical malpractice claimant, however, may not choose the measurement that most favors his case,” the appeals court ruled. “The record reflects that all of Bloom’s allegations against Stafford are based on Stafford’s acts or omissions associated with his performance of Bloom’s April 15, 2014 orthopedic surgical procedure. A surgical negligence claim accrues on the date of the surgery.”
Bloom also argued that his lawsuit is still timely under the 10-year “statute of repose” which erases the statute of limitations.
“Bloom’s argument is unavailing,” the appeals court panel said. The statute of repose does not come into play unless a statute of limitations has been extended, the panel held.
“Bloom discovered his injury before the two-year limitations period expired, and he does not contend that any other tolling provision that would have extended the limitations,” the panel wrote. “Therefore, we conclude that the statute of repose is inapplicable to the present case.”
Bloom v. Stafford, Court of Appeals for the First District of Texas, 01-19-00563-CV