Court of Appeals reverses medical malpractice ruling

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Determining that a question exists about when the statute of limitations started running on a proposed medical malpractice complaint, the Indiana Court of Appeals has reversed a decision in a case involving the death of a woman at an Indianapolis hospital after receiving medication prior to heart surgery.

In Irmina Gradus-Pizlo, M.D. and Select Specialty Hospitals Indianapolis, Inc. v. Donald Acton, No. 49A02-1106-CT-503, the appellate court reversed a decision by Marion Superior Judge Cynthia Ayers.

Myrtle Acton became Dr. Irmina Gradus-Pizlo’s patient in February 2006, and a year later the doctor determined the woman was a candidate for surgical correction of a heart defect. The doctor put her on a medication prior to surgery and Acton ended up suffering from ventricular tachycardia before going into full cardiac arrest at Methodist Hospital’s intensive care unit. She was stabilized and taken off the original medication, but subsequently died on April 12, 2006.

On April 1, 2008, her husband, Donald, filed a medical malpractice complaint against Dr. Gradus-Pizlo and Select Specialty Hospitals, and in 2010 the defendants filed summary judgment motions alleging that Acton had failed to comply with the Medical Malpractice Act statute of limitations. The trial court denied both motions after a hearing, finding genuine issues of material fact with regard to the trigger date of the two-year statute of limitations.

The Court of Appeals disagreed with Acton that he couldn’t have learned of any malpractice until after his wife’s death April 12, 2006. The claim specifically involves the enhanced medicine regime that Gradus-Pizlo ordered in March of that year, and the discovery date about the medicine’s implications was when she had the ventricular tachycardia on March 29, 2006. Since Acton’s complaint came three days later, he’s barred by the statute of limitations.

Addressing the doctrine of continuing wrong that Acton used to sidestep the statute of limitations argument, the appellate court determined that Myrtle Acton stopped receiving the medication at issue on March 29, and so the continuation of any possible wrong ended at that time.

The court found a similar result in looking at the allegations against Select Specialty Hospitals, finding that the hospital stopped giving her the medication on March 29 and that makes the medical malpractice complaint untimely. The panel didn’t address Acton’s argument about the continuation of a prescription by a doctor not in Select Specialty Hospital’s employment being considered medical malpractice on the hospital’s part.

The appellate court reversed and granted summary judgment to Gradus-Pizlo and the hospital.



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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.