(concurring specially).
I concur in the majority decision. However, I would hold that the 2-year statute does not commence to run until treatment following the surgery ends. I would thus affirm the finding of the trial court in this case that the statute commenced to run on June 24, 1969, when plaintiff last saw the defendant and was treated by him.
To hold that the malpractice irrevocably occurred on May 15, 1969, the date of the surgery, could result in an interpretation of the majority holding to mean that if a patient was operated on surgically and was treated by that same physician thereafter for 2 years, the patient would be barred after expiration of 2 years from the date of surgery from bringing a malpractice suit even though he had not seen another physician or been aware of the possibility of such a claim. I do not adhere to such a holding, and I do not interpret the majority opinion as intending that conclusion. In this case, plaintiff knew of the facts upon which the claim was based in advance of June 24, 1969, and had had the consulting opinions of other doctors, and thus cannot argue that he could not arrive at a decision that malpractice occurred until all treatment had ceased. This case thus falls within the exceptions to the general rule that the statute commences to run after conclusion of treatment.