The opinion of the court was delivered by This is a medical malpractice action. Ruby Jones was injured in
an automobile accident in November 1985. She underwent a cervical
laminectomy on January 17, 1986. During this surgery, the radial
nerve in her left arm was damaged. Jones filed this lawsuit on
January 16, 1990, more than two years after the surgery. The
trial court granted the defendants' motions for summary judgment,
finding (1) the action was barred by the K.S.A. 60-513(a)
two-year limitation for bringing the action, and (2)
Anesthesiology Chartered could not be vicariously liable for the
acts of its agents under K.S.A. 40-3403(h). Plaintiff appealed,
claiming (1) her action was filed within the period of
limitations; (2) the statute of limitations was tolled because of
the continuous treatment or blameless ignorance doctrines,
fraudulent concealment, or equitable estoppel; (3) she had a
separate cause of action against Dr. Robert Beatty that did not
relate to the initial surgery; (4) the trial court erred by
granting summary judgment on the statute of limitations issue
because genuine issues of fact existed; and (5) the trial court
erred by granting Anesthesiology Chartered summary judgment. Ruby Jones sustained injuries to her neck or back in the
accident. One of the symptoms of the injury was pain in her right
arm. Her physician, Dr. A.P. Taliaferro, referred Jones to Dr.
Robert Beatty for treatment of the injuries.
