Joseph Chidester and wife, Kathleen Chidester v. L. D. Elliston, O.D.

In this medical malpractice action, the Plaintiffs, Joseph and Kathleen Chidester, 2 filed suit against the Defendant, Dr. L. D. Elliston, for failing to diagnose the Plaintiff’s malignant tumor. The trial court granted the Defendant’s motion for summary judgment holding that the Plaintiffs’ cause of action is barred by the one year statute of limitations. The Plaintiffs’ have appealed the trial court’s order arguing that the statute of limitations does not bar this action because the Plaintiffs’ cause of action did not accrue until the Plaintiff’s malignancy recurred. For the reasons stated hereafter, we reverse the judgment of the court below and remand.