Hardi v. Mezzanotte
District of Columbia Court of Appeals
818 A.2d 974 (2003)
Mezzanotte (plaintiff) saw Dr. Hardi (defendant), a gastroenterologist, believing she had diverticulitis. Hardi felt a mass that could have been diverticulitis or a tumor but skipped standard diverticulitis testing and referred her to a gynecologist instead, who ultimately performed a hysterectomy "cleared" by Hardi. Hardi's own follow-up gastro tests failed due to an undiagnosed bowel obstruction caused by the diverticulitis. Mezzanotte's condition worsened, requiring hospitalization and four more surgeries; only then did a surgeon tell her husband she had diverticulitis, not cancer. Mezzanotte sued Hardi for negligent misdiagnosis, and after a hung jury a bench trial awarded her over $900,000. Hardi appealed, arguing the three-year statute of limitations had already run by the time she sued.
Whether a trial court may apply the discovery rule to determine when a medical malpractice claim accrues, rather than treating the claim as accruing on the date of the plaintiff's initial visit.