Moore v. Baker

989 F.2d 1129 (11th Cir. 1993)

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Nature of the Case

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Facts

Moore (P) consulted Dr. Baker (D) about a blockage of her carotid artery. D recommended surgery and had P sign a consent form after informing her of the risks. P was severely and permanently disabled from the operation. P sued under an informed consent law alleging that D had not advised her of an alternative therapy. D moved for a summary judgment and P moved to amend her complaint to assert allegations of negligence during and after the surgery. The district court refused to allow P to amend her complaint on the grounds that the new claim was barred by the statute of limitations. P had filed her complaint on the last day permitted by the statute of limitations. P appealed.