Moon v. Rhode

Ninety-year-old Kathryn Moon was hospitalized for rectal prolapse on May 18, 2009. Kathryn was treated by two physicians, Dr. Jeffrey Williamson and Dr. Jayaraj Salimath, at Proctor Hospital. After Kathryn experienced complications, computed-tomography (CT) scans were ordered, and the scans were read by radiologist Dr. Clarissa Rhode (defendant), who was employed by Central Illinois Radiological Associates, Ltd. (Central) (defendant). The scans showed that Kathryn had pneumonia. Unfortunately, Kathryn died 11 days after entering the hospital. After being appointed one of the executors of Kathryn’s estate, her son, Randall Moon (plaintiff), secured Kathryn’s medical records and submitted them for review to a medical-consulting firm. In May 2011, a doctor at the firm rendered an opinion and a written report indicating that Williamson and Salimath had been negligent in Kathryn’s care. Thus, on May 10, 2011, just under two years after Kathryn’s death, Randall submitted a complaint, alleging that Williamson and Salimath had neglected to diagnose and treat his mother’s pneumonia and provide sufficient oxygen. About two years later, Randall had another physician review Kathryn’s CT scans. The doctor provided a written report, indicating that Rhode had failed to identify the signs of pneumonia on the CT scans that would have been recognized by a reasonably qualified radiologist, and that Rhode’s failure either caused or was a contributing factor in Kathryn’s death. Thus, on March 18, 2013, Randall filed wrongful-death and survival actions based on medical malpractice against Rhode and Central. However, Rhode and Central moved for dismissal because it had been more than two years since Kathryn’s death. Even if the discovery rule, which tolled a statute of limitations, was applicable, the parties disagreed about when Randall was on notice that Kathryn’s death may have been wrongful. A trial court granted the motion with prejudice, ruling that the two-year statute of limitations was measured from the date Kathryn died. This ruling was affirmed by an appellate court, which held that the statute of limitations for pursuing a lawsuit began from the date of Kathryn’s death, not from the date Randall discovered the alleged negligence of the medical providers. Randall appealed. The Illinois Supreme Court considered whether the statute of limitations was tolled by the discovery rule.