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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. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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