Supreme Court of Missouri / Jan 30, 2024
Dane Templeton, Appellant, vs. Charles Orth, D.O., and Orthopedic Surgeons, Inc., Respondents.
Dane Templeton sued Dr. Charles Orth and Orthopedic Surgeons Inc. for medical malpractice, alleging negligence in treatment. The circuit court granted summary judgment for Dr. Orth, finding Templeton's action was time-barred by the two-year statute of limitations. The Missouri Supreme Court affirmed, holding that Templeton's actions of seeking an alternative treatment plan and discontinuing Dr. Orth's prescribed antibiotics without consultation terminated the physician-patient relationship, thus ending the continuing care tolling doctrine before the lawsuit was filed.