Professional Negligence Law Reporter

The Alaska Supreme Court held that a patient’s malpractice claim against a periodontist was time-barred where the patient was on inquiry notice of his claim but failed to file the lawsuit before the applicable limitations period expired.

In 2011, Kenneth Arnoult consulted periodontist Melissa Webster regarding his bone loss and periodontal disease. Arnoult returned to Webster’s office for treatment and cleanings for more than a year, but his condition did not improve. Additionally, Webster failed to attend some of Arnoult’s appointments. Arnoult consulted a new periodontist, who diagnosed a bacterial infection in January 2013 and suggested that Arnoult find the underlying medical cause for his condition.

In October 2015, Arnoult sued Webster, alleging negligence. The defendant moved successfully for summary judgment on limitations grounds.

Affirming, the state high court noted that a personal injury case must be commenced within two years of the cause of action’s accrual. Although the limitations statute generally begins to run on the date of injury, the court said, the discovery rule allows a cause of action to
accrue when a person discovers, or reasonably should have discovered, the existence of all elements that are essential to a cause of action and when the person has sufficient information to prompt an inquiry into the cause of action.

The court said that Arnoult was on inquiry notice of his malpractice claim in December 2012, when Webster had failed to attend or reschedule his appointment. Alternatively, in January 2013, Arnoult’s new periodontist purportedly told him that he was surprised the bacterial infection had not been treated sooner and that there were not more recent X-rays, the court said, adding that these facts would also have placed a reasonable person on inquiry notice that he had a potential dental malpractice claim.

That the plaintiff had failed to file his lawsuit within a year of January 2013, the court concluded, warrants summary judgment in favor of the defense.

Citation: Arnoult v. Webster, 2020 WL 3118229 (Alaska June 12, 2020).