Teeters v. Currey

Supreme Court of Tennessee · 1974 · Torts

518 S.W.2d 512 (1974)

Updated July 23, 2026

TortsMedical malpracticeStatute of limitationsDiscovery ruleaccrualsurgical negligencesummary judgment

Facts

After plaintiff gave birth on June 5, 1970, defendant physician recommended and performed a bilateral tubal ligation on June 6, 1970, to avoid future pregnancies. On December 6, 1972, another doctor discovered that plaintiff was pregnant, and she later delivered a premature child on March 9, 1973; during a second tubal ligation on March 11, 1973, plaintiff alleged it was discovered that defendant's earlier surgery had been negligently performed. Plaintiff sued on November 15, 1973, more than three years after the first operation but about eleven months after learning she was pregnant. Defendant denied negligence and asserted the one-year statute of limitations.

Issue

In a medical malpractice action based on alleged negligent performance of a sterilization surgery, does the one-year statute of limitations begin to run at the time of the operation or when the patient discovers, or reasonably should discover, the resulting injury? A threshold question was also whether summary judgment was proper on this record.

Rule

In medical malpractice cases alleging negligent performance of surgical procedures, the cause of action accrues and the statute of limitations begins to run when the patient discovers, or in the exercise of reasonable care and diligence for his own health and welfare should have discovered, the resulting injury.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Nashville, Dr. Lena Voss performed a surgical sterilization on Maya Redding in January 2021. Maya had no symptoms suggesting failure until April 2023, when a clinic confirmed she was pregnant, and she filed suit in December 2023 alleging the operation had been negligently performed.

Under the governing rule, when did Maya's cause of action accrue for statute-of-limitations purposes?

Explanation. In this class of cases—medical malpractice asserted to have occurred through negligent performance of a surgical procedure—the cause of action accrues when the patient discovers, or through reasonable care and diligence should have discovered, the resulting injury. The majority rejected the automatic rule that accrual begins on the date of the operation. It also stated that mere proof later establishing negligence is not required for accrual; discovery of the resulting injury starts the limitations period.