Court of Appeals reverses medical malpractice ruling

Back to TopCommentsE-mailPrintBookmark and Share

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.



Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.