Eddie Pugh v. State of Tennessee

In 2003, a prisoner in the custody of the Tennessee Department of Correction filed a claim in the Tennessee Claims Commission against the State of Tennessee for medical malpractice. In 2001, the prisoner underwent surgery to install a colostomy due to the alleged negligence of the prison medical staff in improperly diagnosing his condition. The Commissioner granted the State’s motion for summary judgment, finding the statute of limitations barred the prisoner’s claim. Since the prisoner was aware that the State’s negligence caused his injury at the time of his surgery, the discovery rule does not toll the running of the applicable statute of limitations. We affirm.